WEST BENGAL PANCHAYAT ELECTIONS ACT, 2003
(1) This Act may be called the West Bengal Panchayat Elections Act, 2003.
(2) It extends to the whole of West Bengal, except the areas referred to in sub-section (2) of section 1 of the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973).
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires, -
(1) "Article" means an article of Constitution;
(2) "Assistant Panchayat Electoral Registration Officer" means an officer appointed as such under sub-section (3) of section 6 of the West Bengal State Election Commission Act, 1994 (West Ben. Act VIII of 1994);
(3) "Assistant Panchayat Returning Officer" means an officer appointed as such under sub-section (3) of section 6 of the West Bengal State Election Commission Act, 1994;
(4) "cognizable offence" has the same meaning as in clause (c) of section 2 of the Code of Criminal Procedure, 1973 (2 of 1974);
(5) "Commission" means the West Bengal State Election Commission referred to in sub-section (1) of se
For the purpose of election of members of Panchayats, the Commission shall, having regard to the number of electors, issue direction, by any general or special order, for the prescribed authority for division of any Panchayat area into such number of constituencies in accordance with such rules as may be prescribed by the State Government in this behalf, subject to the provisions of the West Bengal Panchayat Act, 1973.
A person shall be qualified to be chosen to fill a seat in a Gram Panchayat, if -
(a) such person is a citizen of India and his name is included in the electoral roll prepared in accordance with such rules made by the State Government in this behalf and in 'force on such date as the State Election Commissioner may declare for the purpose of an election pertaining to the area comprised in that Gram Panchayat and he is not less than twenty-one years of age on the date fixed for scrutiny of the nomination papers of an election;
(b) such person is a member of any of the scheduled castes and is an elector in relation to that Gram Panchayat, in the case of a seat reserved for the Scheduled Castes;
(c) such person is a member of any of the scheduled tribes and is an elector in relation to that Gram P
A person shall be qualified to be chosen to fill up a seat in a Panchayat Samiti, if -
(a) such person is a citizen of India and his name is included in the electoral roll prepared in accordance with such rules made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for the purpose of an election pertaining to any Gram comprised in the Block and is not less than twenty-one years of age on the date fixed for scrutiny of the nomination papers of an election;
(b) such person is a member of any of the scheduled castes and is an elector in relation to that Panchayat Samiti in the case of a seat reserved for the Scheduled Castes;
(c) such person is a member of any of the scheduled tribes and is an elector in relation to that Panchayat Sami
A person shall be qualified to be chosen to fill up a seat in a Zilla Parishad or the Siliguri Mahakuma Parishad, if -
(a) such person is a citizen of India and his name is included in the electoral roll prepared in accordance with such rules made by the State Government in this behalf and in force on such date as the State Election Commissioner may declare for purposes of an election pertaining to any Block within the District and is not less than twenty-one years of age on the date fixed for scrutiny of the nomination papers of an election;
(b) such person is a member of any of the scheduled castes and is an elector in relation to that Zilla Parishad or the Siliguri Mahakuma Parishad in the case of a seat reserved for the Scheduled Castes;
(c) such person is a member of any of the scheduled
A person shall not be qualified to be member of a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakyma Parishad, as the case may be, if-
(a) he is a member of a municipal authority constituted under any of the Acts referred to in sub-section (2) of section 1 of the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973); or
(b) he is in service of the Central or the State Government or a Gram Panchayat or a Panchayat Samiti or a Zilla Parishad or the Siliguri Mahakuma Parishad or the Council.
Explanation.-For the purposes of this clause, a person in the service of any Undertaking of the Central or the State Government or any Statutory Body or Corporation or any Public or Government Company or any Local Authority or any Co-operative Society or any Banking Company or any Uni
No person, while standing as a candidate for election as a member-
(a) of a Gram Panchayat, shall be entitled to stand as a candidate for election as a member of a Panchayat Samiti or the Zilla Parishad or the Siliguri Mahakuma Parishad;
(b) of a Panchayat Samiti, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or the Zilla Parishad or the Siliguri Mahakuma Parishad;
(c) of a Zilla Parishad, or the Siliguri Mahakuma Parishad, shall be entitled to stand as a candidate for election as a member of a Gram Panchayat or a Panchayat Samiti :
Provided that no person shall be entitled to stand as a candidate for election for more than one constituency or seat, as the case may be, in a General Election.
A member, -
(a) of a Gram Panchayat on being elected a member of a Panchayat Samiti or a Zilla Parishad or Siliguri Mahakuma Parishad shall cease to be the member of a Gram Panchayat with effect from the date on which he is declared elected to such Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, and continue to be a member of such Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, as the case may be, to which he is elected;
(b) of a Panchayat Samiti on being elected a member of a Gram Panchayat or a Zilla Parishad or Siliguri Mahakuma Parishad shall cease to be the member of such Panchayat Samiti with effect from the date on which he is declared elected to such Gram Panchayat or Zilla Parishad or Siliguri Mahakuma Parishad, and shall continue to be a member of such Gram Panchayat or Zilla Parishad or Sili
A member of a Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, on being elected to the Legislative Assembly or the Parliament, or a member of the Legislative Assembly or the Parliament, on being elected to the Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad, shall tender his resignation immediately from any of the elected offices in order to participate subsequently as a member in the other elected office.
Notwithstanding anything contained elsewhere in this Act, if at any time the whole of the area of a constituency or a portion thereof of a Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad is included in a municipality, town committee or a cantonment, member or members elected from such constituency to such Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad shall cease to be a member of such Gram Panchayat or Panchayat Samiti or Zilla Parishad or Siliguri Mahakuma Parishad from the date of such inclusion.
Subject to the provision of sub-section (2) of section 4 of the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), the prescribed authority shall determine the total number of members to be elected to a Gram Panchayat on the following basis, namely :-
1. Section 12 subs. by s. 2 of the West Bengal Panchayat Elections (Amendment) Act, 2007 (West Ben. Act XIX of 2007) (w.r.e.f. 13.11.2007), which was earlier as under:
"12. Total number of members in a Gram Panchayat.-Subject to the provision of subsection (2) of section 4 of the West Bengal Panchayat Act, 1973 (West Ben. Act XLI of 1973), the prescribed authority shall allocate to each constituency, the number of members to be elected to a Gram Panchayat as far as practicable be on the following basis, namely :-
(i) in the case of hill
The prescribed authority shall divide the area of a Gram into such number of constituencies and allocate to each such constituency such number of seats not exceeding two as may conform to the number of members determined under clause (i) or clause (ii), as the case may be, of section 12 and such division of constituencies and such allocation of seats shall be made in such manner that a member may represent, as far as practicable, same, number of voters.]
2. Section 13 subs. by s. 3, ibid (w.r.e.f. 13.11.2007), which was earlier as under:
"13. Allocation of seats by the prescribed authority.-The prescribed authority shall allocate to each constituency such number of seats not exceeding two as may conform to the number of voters determined under clauses (i) and (ii) of section 12."
(1) The number of members to be elected to a Panchayat Samiti from a Gram in hill areas shall be -
(i) one, if the number of voters in such Gram is 1200, or less;
(ii) two, if the number of voters in such Gram is more than 1200 but less than 2001; and
(iii) three, if the number of electors in such Gram is 2001 and above.
(2) The number of members to be elected to a Panchayat Samiti from a Gram in the areas other than hill areas shall be -
(i) one, if the number of voters in such Gram is 4500 or less;
(ii) two, if the number of voters in such Gram is more than 4500 but less than 9001; and (iii) three, if the number of the voters in such Gram is 9001 and above.
The number of members to be elected to a Zilla Parishad or the Siliguri Mahakuma Parishad from a Block shall be -
(i) one, if the number of voters in the Block is 60000 or less;
(ii) two, if the number of voters in the Block is more than 60000 but less than 120001; and
(iii) three, if the number of the voters in the Block is 120001 and above.
Determination of constituencies of Gram Panchayat, Panchayat Samiti and Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, shall be done according to the procedure as may be prescribed.
(1) Seats shall be reserved for the Scheduled Castes in every Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed and the number of the seats so reserved shall bear as nearly as may be, the same proportion with the total number of seats to be filled by direct election to the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, as the population of the Scheduled Castes in the area of the Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad, as the case may be, bears with the total population of that area, and such seats may be allotted by rotation to different constituencies of that Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad in such manner as may be prescribed.
1. Ins. by s. 2(1) of the West Bengal
(1) Offices of the Pradhan and Upa-Pradhan in the Gram Panchayats in a district shall be reserved for the Scheduled Castes the Scheduled Tribes and the Backward Classes by rotation in such manner as may be prescribed and the number of the offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of the Pradhan or the Upa-Pradhan, as the case may be, in the district as the population of the Scheduled Castes or the Scheduled Tribes, or the Backward Classes as the case may be, in all the Blocks within the district bears with the total population in the same area.
3. Section 18 subs. by s. 3, ibid (w.e.f. 27.8.2012), which was earlier as under:
"18. Reservation of seats for office bearers of Gram Panchayat and Panchayat Samiti.-(1) Offices of the 'Pradhan' and 'Upa-Pradhan' in Gram Panchaya
(1) Offices of the Sabhadhipati and Sahakari Sabhadhipati of the Zilla Parishads or the Siliguri Mahakuma Parishad shall be reserved for the Scheduled Castes, the Scheduled Tribes and the Backward Classes by rotation in such manner, as may be prescribed, and the number of offices so reserved shall bear, as nearly as may be, the same proportion with the total number of the offices of the Sabhadhipati and the Sahakari Sabhadhipati in the State as the population of the Scheduled Castes or the Scheduled Tribes or the Backward Classes, as the case may be, in the Blocks under the jurisdiction of all Zilla Parishads and the Siliguri Mahakuma Parishad within the State bears with total population in the same area.
1. Section 19 subs. by s. 4 of the West Bengal Panchayat Elections (Amendment) Act, 2012 (West Ben. Act XXIII of 2012) (w.e.f. 27.8.2012), which was earlier as under:
&nb
In case of non-availability of persons of reserved category for filling up the office of Pradhan or Upa-Pradhan, Sabhapati or Sahakari Sabhapati and Sabhadhipati or Sahakari Sabhadhipati so reserved, a person of that reserved category may be co-opted to fill up of that office after swearing in an oath of affirmation before the authority as may be specified:
Provided that such person so co-opted shall have to be elected within six months from the date of his co-option in regard to that office against a suitable casual vacancy of that body:
Provided further that the person so co-opted shall have the powers and obligations of an ordinary member.
The officers for the purpose of election, shall be appointed in accordance with the provisions of section 6 of the West Bengal State Election Commission Act, 1994 (West Ben. Act VIII of 1994), and they shall exercise powers and perform functions in accordance with the provisions of this Act and the West Bengal State Election Commission Act, 1994.
(1) The District Panchayat Election Officer shall, subject to the superintendence, direction and control of the Commission, co-ordinate and supervise all works within his jurisdiction in connection with the preparation and revision of electoral rolls for, and conduct of, all elections to the Panchayats.
(2) The District Panchayat Election Officer shall perform such other functions as may be entrusted to him by the Commission.
(1) There shall be a Panchayat Returning Officer, appointed in accordance with the provisions of sub-section (1) of section 6 of the West Bengal State Election Commission Act, 1994 for every constituency to fill up a seat or seats in the Panchayats.
(2) The Panchayat Returning Officer, subject to the direction and control of the Commission, shall do all such acts and things as may be necessary for effectually conducting the election in the manner provided under this Act.
The District Panchayat Election Officer shall, subject to the direction and control of the Commission appoint, from amongst the officers of the State Government, as many Assistant Panchayat Returning Officers as may be necessary, for one or more Zilla Parishad or Siliguri Mahakuma Parishad constituencies within a sub-division of a district and for one or more Panchayat Samiti and Gram Panchayat constituencies within a Block. Every Assistant Panchayat Returning Officer shall, subject to the direction and control of the Panchayat Returning Officer, exercise all or any of the powers and perform all or any of the functions of the Panchayat Returning Officer, as may be prescribed.
The Commission shall, in consultation with the State Government and by notification, appoint, from amongst the officers of the State Government a Panchayat Electoral Registration Officer of the Blocks comprising a sub-division of a district. Every Panchayat Electoral Registration Officer shall, subject to the direction and control of the Commission and the District Panchayat Election Officer, prepare and, as and when necessary, revise the electoral rolls for election to the Panchayats.
The District Panchayat Election Officer shall, subject to the direction and control of the Commission, appoint, from amongst the officers of the State Government, as many Assistant Panchayat Electoral Registration Officers as may be necessary for each sub-division of a district or any administrative division thereof. Every Assistant Panchayat Electoral Registration Officer shall, subject to the direction and control of the Panchayat Electoral Registration Officer, be competent to exercise all or any of the powers and functions of the Panchayat Electoral Registration Officer as may be prescribed.
The District Panchayat Election Officer shall, subject to such direction as may be issued by the Commission, provide sufficient number of polling stations for each constituency for election of members of Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad and shall, not later than twelve days before the date of poll, publish a list showing the polling stations for the areas for which they would be set up, and shall forward a copy of the list to the Commission.
(1) Subject to the provisions of sub-section (5) of section 6 of the West Bengal State Election Commission Act, 1994 (West Ben. Act VIII of 1994), the Panchayat Returning Officer shall, with the prior approval of the District Panchayat Election Officer, appoint a Presiding Officer for each poiling station and such number of polling officer or officers to assist the Presiding Officer as he thinks necessary but shall not appoint any person who has been employed by, or on behalf of, or has been otherwise working for, a candidate in or about the election as a Presiding Officer or a polling officer:
Provided that if any polling officer is absent from the polling station, the Presiding Officer may appoint in his place 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 about t
Subject to the general guidance, superintendence and control of the Panchayat Returning Officer, it shall be the general duty of the Presiding Officer, at a polling station, to keep peace and order therein and to see that the poll is fairly taken and counting of votes is done.
It shall be the duty of a polling officer at a polling station to assist the Presiding Officer for such polling station.
Subject to the provisions of section 4 of the West Bengal State Election Commission Act, 1994 (West Ben. Act VIII of 1994), the Panchayat Electoral Registration Officer shall prepare and revise an electoral roll for each Block within his jurisdiction:
Provided that an electoral roll shall consist of Parts relating to the Gram Panchayat constituencies delimited for the last general elections, and such Parts shall be assigned consecutive serial numbers:
Provided further that there shall be one electoral roll in any area for elections from Gram Panchayat, Panchayat Samiti and Zilla Parishad or Siliguri Mahakuma Parishad constituencies:
Provided also that the names of electors in each Part of the electoral roll shall be arranged according to mahalla, para or house number unless the District Pancha
(1) Unless disqualified under the provisions of section 16 of the Representation of the People Act, 1950 (43 of 1950), every person in a constituency who -
(a) is not less than 18 years of age on the qualifying date, and
(b) is ordinarily a resident in that constituency, shall be entitled to be registered in the electoral roll pertaining to that constituency.
(2) No person shall be entitled to be registered in the electoral roll for more than one constituency.
(3) No person shall be entitled to be registered in the electoral roll for any constituency more than once.
If, in any case, a question arises as to whether a person is ordinarily resident of any area at any relevant time, the question shall be determined by reference to all the facts of the case and such determination shall be made subject to the provisions of sub-sections (1) to (6) of section 20 of the Representation of the People Act, 1950.
(1) The electoral roll for each Block shall be prepared with reference to a qualifying date as may be specified, by an order, by the Commission and shall come into force immediately upon its final publication after at least fifteen days of the publication of the draft of such electoral roll.
(2) The electoral roll for a Block shall, -
(a) unless otherwise directed by the Commission and for reasons to be recorded in writing, be revised, wholly or in part, with reference to the qualifying date referred to in sub-section (1) -
(i) before each general election to any Panchayat, and
(ii) before each bye-election to fill a casual vacancy in a seat allotted to the constituency, and
(b) notwithstanding anything
Notwithstanding anything contained in section 34, if the Commission may, by an order in writing, adopt the electoral roll meant for election of members to the West Bengal Legislative Assembly, for the time being, to such extent, and in such manner, as may be specified in the order for the purpose of any election to the Panchayats from any Block.
If the Panchayat Electoral Registration Officer for a Block, on an application made to him or in his own motion, is satisfied after such enquiry, as he thinks fit, that any entry in any part of an electoral roll of a constituency -
(a) is erroneous or defective in any particular, or
(b) should be transposed to another place in the electoral roll on the ground that the person concerned has changed his place of ordinary residence within the jurisdiction of such constituency, or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident in such constituency or is otherwise not entitled to be registered in that electoral roll, the Panchayat Electoral Registration Officer shall, subject to such general or special directions, if any, as may be given
(1) Any person whose flame is not included in the electoral roll of a Block may apply to the Panchayat Electoral Registration Officer in the prescribed Form for inclusion of his name in the electoral roll.
(2) The Panchayat Electoral Registration Officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if name of the applicant is registered in the electoral roll of any Municipality or any other Panchayat, the Panchayat Electoral Registration Officer shall inform the Municipal Electoral Registration Officer of that Municipality or the Panchayat Electoral Registration Officer of the other Panchayat to that effect and the Municipal Electoral Registration Officer of that Municipality or the Panchayat Electoral Registration Officer of that other Pa
No Civil Court shall have the jurisdiction -
(a) to entertain or adjudicate upon any question whether any person is, or is not, entitled to be registered in an electoral roll for a constituency; or
(b) to question the legality of any action by, or under, the authority of a Panchayat Electoral Registration Officer or of any decision given by any authority appointed under this Act for preparation or adoption of any such electoral roll, as the case may be.
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 one year or with fine or with both.
An appeal shall lie within such time, and in such manner, as may be prescribed to the District Panchayat Election Officer from any order of the Panchayat Electoral Registration Officer under section 36 or section 37.
Every application under section 36 or section 37 and every appeal under section 40 shall be accompanied by the prescribed fee which shall in no case be refunded.
The State Government shall, in consultation with the Commission, by notification, appoint the date or dates and hour or hours of poll for any election or bye-election.
1[(1)] After the issue of the notification under section 42, the Commission shall, by notification, appoint the dates for various stages of election in the manner as follows:
1. Original section 43 renumbered as sub-section (1) of that section by s. 4 of the West Bengal Panchayat Elections (Amendment) Act, 2007 (West Ben. Act XIX of 2007) (w.r.e.f. 13.11.2007).
(a) the last date for making nomination which shall be not later than twenty-one days but earlier than thirty-five days before the date fixed for the poll;
(b) the date for the scrutiny of nominations, which shall be the second 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
On the issue of a notification under section 43, the District Panchayat Election Officer shall, in such manner as may be prescribed give public notice of the intended election inviting the nomination 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 this Act or the rules made thereunder.
(1) On or before the date appointed under clause (a) of section 43 each candidate shall, either in person or by his proposer, between the hours as may be prescribed, deliver, to the Panchayat Returning Officer at the place specified in this behalf in the notice issued under section 44, a nomination paper completed in the prescribed form and signed by the candidate and by a voter of the constituency as proposer:
Provided that no nomination paper shall be delivered to the Panchayat Returning Officer on a day which is a public holiday.
(2) Without prejudice to the generality of the provisions contained in sub-section (1), if the Commission, on receipt of complaints from the intending candidates or the recognized political parties, either from or through the District Panchayat Electron Officer or its own machinery or any other agency, is sat
A candidate shall not be deemed to be declared nominated for election from a constituency unless he deposits or causes to be deposited in cash with the Panchayat Returning Officer concerned -
(a) in the case of an election from a seat in a constituency of a Gram Panchayat, a sum of rupees one hundred and fifty, or where the candidate is a member of Scheduled Castes or Scheduled Tribes 1[or Backward Classes] or is a Woman, a sum of rupees seventy-five;
1. Ins. by s. 6(1) of the West Bengal Panchayat Elections (Amendment) Act, 2012 (West Ben. Act XXIII of 2012) (w.e.f. 27.8.2012):
(b) in the case of an election from a constituency of a Panchayat Samiti, a sum of rupees five hundred or where the candidate is a member of Scheduled Castes or Scheduled Tribes 2[or Backward Classes] or is a Woman, ru
The Panchayat Returning Officer shall on receiving the nomination paper under sub-section (1) of section 46, inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations, and shall incorporate in 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 similar to those contained in the nomination paper, both of the candidate and of the proposer.
(1) On the date fixed for the scrutiny of nominations under section 48 the candidates or their election agents, and such other persons as may be prescribed, may attend at such time and place; as the Panchayat Returning Officer may appoint; and the Panchayat 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 46.
(2) The Panchayat 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 enquiry, if any, as he thinks necessary, reject any nomination on any of the following grounds :-
(a) that on the day fixed for the scrutiny of nominations the candidate
(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 43 to the Panchayat Returning Officer either by such candidate in person or by his proposer or election agent who has been authorised in this behalf in writing by such candidate.
(2) No person who has given a notice of withdrawal of his candidature under sub-section (1) shall be allowed to cancel the notice.
(3) The Panchayat Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office.
(1) Immediately after the expiry of the period within which candidature may be withdrawn under section 50, the Panchayat Returning Officer shall prepare, in the prescribed manner, a list of contesting candidates whose nominations have been finally accepted and who have not withdrawn their candidature.
(2) The said list shall contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers and shall be prepared in Nepali and English in the hill areas and in Bengali and English in other areas.
(3) The alphabetical order as referred to in sub-section (2) shall be determined with reference to the surnames of the candidates where the surnames are written first. In other cases, proper names of the candidates shall be considered for determining the alphabetical order.
Immediately after the allotment of symbols under section 51, the Panchayat Returning Officer shall, in the prescribed form, cause a list of contesting candidates to be published whose names are included in the list of validly nominated candidates and who have not withdrawn their candidature. The list shall be affixed on the notice board in his office and also supply a copy thereof to each of the contesting candidates or his election agent.
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 Panchayat Returning Officer.
Any person who is, disqualified under the Act shall not be eligible for appointment as an election agent.
(1) The appointment of the election agent may be revoked by the candidate at any time by a declaration in writing to be signed by the candidate and lodged with the Panchayat Returning Officer. Such revocation shall take effect from the date on which it is so lodged.
(2) In the event of such revocation or of the death of an election agent before or during the election, the candidate may appoint, in the prescribed manner, any 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 Panchayat Returning Officer.
An election agent shall perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.
(1) 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.
(2) The candidate or his election agent shall deliver the duplicate copy of the letter of appointment to the polling agent who shall, on the date fixed for the poll, present it to, and sign the declaration contained therein before the Presiding Officer and the Presiding Officer shall retain the duplicate copy presented to him in his custody. No polling agent shall be allowed to perform any duty at the polling station unless he has complied with the provisions of this sub-section.
(1) A contesting candidate or his election agent may appoint such number of persons, as may be prescribed, as his counting agents to be present at the counting of votes, and notice of such appointment shall be given in the prescribed manner to the Panchayat Returning Officer.
(2) Before the commencement of the counting of votes, the candidate or his election agent shall deliver the copy of the appointment of such counting agent to the Presiding Officer concerned.
(3) The candidate or his election agent shall also deliver the duplicate copy of the letter of appointment to the counting agent who shall, on the date fixed for the counting of votes, present it to, and sign declaration contained therein, before the Presiding Officer. The Presiding Officer shall retain the duplicate copy presented to him, in his custody. No counting agent shall be allowed to perform any duty at the pla
(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 the Panchayat Returning Officer, 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 the Panchayat Returning Officer.
(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 Panchayat Returning Officer, and in the event of such 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 t
(1) A polling agent may perform such functions in connection with the poll as are authorised 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 authorised 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 27 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 authorised 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 authorised 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 49 and who has not withdrawn his candidature under section 50 dies and a report of his death is received before the publication of the list of contesting candidates under section 52, or if a contesting candidate dies and a report of his death is received before the commencement of the poll, the Panchayat Returning Officer shall, upon being satisfied of the fact of the death of the candidate, announce countermanding of the poll and report the fact to the Commission and also to the District Panchayat Election Officer concerned and all proceedings with reference to the election shall be commenced anew in all respects as if for a new election:
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 :
If, at any election to a Gram Panchayat, Panchayat Samiti, Zilla Parishad or Siliguri Mahakuma Parishad, -
(a) the number of contesting candidates is more than the number of seats to be filled in a constituency, a poll shall be taken,
(b) the number of such candidates is equal to the number of seats to be filled in a constituency, the Panchayat Returning Officer shall forthwith declare in the prescribed manner of all such candidates to be duly elected to fill those seats,
(c) the number of such candidates is less than the number of seats to be filled in a constituency, the Panchayat Returning Officer shall forthwith declare, in the prescribed manner, all such candidates to be duly elected and the Commission shall, by notification in the Official Gazette, call upon the constituency to elect a p
The hours during which the poll will be taken shall be fixed in accordance with the provisions of section 8 of the West Bengal State Election Commission Act, 1994 (West Ben. Act VIII of 1994).
(1) If, at an election, the proceedings at any polling station provided under section 27 for the poll are interrupted or obstructed by any riot or open violence, or if at any election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such polling station at the material point of time 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 Panchayat Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the Panchayat Returning Officer shall immediately send a report stating the circumstances under which the poll is adjourned to the District Panchayat Election Officer and the Commission. On receipt of the report, the District Panchayat Election Offic
(1) If at any election -
(a) any ballot box or any ballot paper 1[or any electronic voting machine] used or intended to be used at a polling station at any time before or after the commencement of poll or during counting is unlawfully taken out of the custody of the Presiding Officer, or is accidentally or intentionally destroyed or is lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station cannot be ascertained; or
1. Ins. by s. 5 of the West Bengal Panchayat Election (Amendment) Act, 2007 (West Ben. Act XIX of 2007) (w.r.e.f. 13.11.2007).
(b) any voting machine develops a mechanical failure during the course of the recording of votes; or
(c) any such error or irregularity in procedure as is like
(1) If at any election -
(a) booth capturing has taken place at a polling station or at a place fixed for the poll in such a manner that the result of the poll at that polling station cannot be ascertained; or
(b) booth capturing or snatching or forcible occupation of any polled ballot box or polled ballot paper 1[or polled electronic voting machine] 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 Panchayat Returning Officer shall forthwith report the matter to the District Panchayat Election Officer, and on receipt of the said report the District Panchayat Election Officer shall immediately send a report to the Commission.
1. Ins. by s. 6 of the West Bengal Panchayat Election (Amendment) Act, 2007 (West B
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.
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 the production before the Presiding Officer or a polling officer of a polling station by every such elector as aforesaid of his identity card before the delivery of a ballot paper or ballot papers to him if, under the rules made in that behalf under the Representation of the People Act, 1950 (43 of 1950) electors of the constituency in which the polling station is situated have been supplied with identity cards with or without their respective photographs attached thereto; and
(c) for prohibiting t
Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such constituency or constituencies as the Commission may, having regard to the circumstances of each case, specify.
Explanation.-For the purpose of this section "voting machine" means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed as including a reference to such voting machine wherever such voting machine is used at any election.
(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 any 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 16 of the Representation of the People Act, 1950 (43 of 1950).
(3) No person shall vote at a general election in more than one constituency of the same class, 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 o
At every election where a poll is taken, votes shall be counted by or under the supervision and direction of the Panchayat Returning Officer at such a place as would be determined by State Election Commission 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 1[or any electronic voting machine] used at a polling station, or at a place fixed for the poll are unlawfully taken out of the custody of the Panchayat Returning Officer or are accidentally or intentionally destroyed or lost or are damaged or tampered with, 2[or in case of any electronic voting machine, develops mechanical or electronic failure during the counting of votes,] to such an extent that the result of the poll at that polling station or place cannot be ascertained, the Panchayat Returning Officer shall forthwith report the matter to the District Panchayat Election Officer who shall report the matter forthwith to the Commission.
1. Ins. by s. 7(1) of the West Bengal Panchayat Election (Amendment) Act, 2007 (West Ben. Act XIX of 2007) (w.r.e.f. 13.11.2007).
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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 Panchayat 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 Panchayat Returning Officer shall, in the absence of any direction by the 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 Panchayat Returning Officer shall report the result to the District Panchayat Election Officer and the Director of Panchayat and Rural Development, West Bengal and the Commission, and the Director of Panchayat and Rural Development, West Bengal, shall cause to be published in the Official Gazette the declarations containing the names of the elected candidates.
In this Part unless the context otherwise requires, -
(1) "Judge" means -
(a) for the purpose of elections to the Gram Panchayat and Panchayat Samiti, the Civil Judge having jurisdiction where such elections were held,
(b) for the purpose of elections to a Zilla Parishad or the Siliguri Mahakuma Parishad, the District Judge of the district where such elections were held and includes any Judicial Officer, not below the rank of Subordinate Judge, subordinate to him to whom the election petition may be transferred by the District Judge;
(2) "candidate" means a person who has been, or claims to have been, duly nominated as a candidate at any election;
(3) "costs" means all costs, charges and expenses of, or i
(1) If any dispute arises as to the validity of an election under this Act, any person entitled to vote at such election may, within thirty days after the date of declaration of the results of such election, file a petition, calling in question such election on one or more of the grounds specified in sub-section (1) of section 93 and section 94 -
(a) before the Civil Judge having jurisdiction where such election is in respect of a Gram Panchayat or a Panchayat Samiti,
(b) before the District Judge of the district, where such election is in respect of a Zilla Parishad or the Siliguri Mahakuma Parishad.
(2) When filing a petition under sub-section (1), the petitioner shall deposit in court, as security for the costs likely to be incurred, -
(a) five h
No election petitions to Panchayats shall be called in question except by an election petition presented in accordance with the provision of this Part.
A petitioner shall join as respondent to his petition -
(a) where the petitioner, in addition to claiming declaration that the election of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates, and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
(1) An election petition -
(a) shall contain a concise statement of the material facts on which the petitioner relies,
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice, and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings:
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the
A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.
(1) The Court shall dismiss an election petition which does not comply with the provisions of section 79 or section 80.
Explanation.-An order of the Court dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of section 91.
(2) Where more election petitions than one are presented to the Court in respect of the same election, all of them shall be referred for trial to the same Court who may, in his discretion, try them separately or in one or more groups.
(3) Any candidate not already a respondent shall, upon application made by him to the Court within fourteen days from the date of commencement of the trial be entitled to be joined as a respondent.
Explanation.-For the purposes of this sub-sectio
(1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the Court as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908) to the trial of suits:
Provided that the Judge shall have the discretion to refuse, for reasons to be recorded in writing, to examine any witness or witnesses if he is of the opinion that the evidence of such witness or witnesses is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delaying the proceedings.
(2) The provisions of the Indian Evidence Act, 1872 (1 of 1872) shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.
No witness or other person shall be required to state for whom he has voted at an election.
(1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture:
Provided that -
(a) a witness, who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the Court, and
(b) an answer given by a witness to a question put by or before the Court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against in any civil or criminal proceeding.
(2) When a certificate of indemnity has been granted to any witness, it ma
The reasonable expenses incurred by any person in attending to give evidence may be allowed by the Court to such person and shall, unless the Court otherwise directs, be deemed to be part of the costs.
.-(1) When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election:
Provided that the returned candidate or such other party as aforesaid shall not be entitled to give such evidence unless he has, within fourteen days from the date of commencement of the trial, given notice to the Court of his intention to do so.
(2) Every notice referred to in sub-section (1) shall be accompanied by the statement and particulars required by section 82 in the case of an election petition and shall be signed and verified in like manner.
At the conclusion of the trial of an election petition the Court shall make an order -
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
At the time of making an order under section 91 the Court shall also make an order -
(a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording -
(i) a finding whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice, and
(ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable and specifying the persons by and to whom costs shall be paid:
Provided that a person who is not a party to the petition shall not be named in the order un
(1) Subject to the provisions of sub-section (2) if the Court is of opinion -
(a) that on the date of his election a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under this Act;
(b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected -
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice committe
If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Court is of opinion -
(a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
(b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of one vote would entitle any of those candidates to be declared elected, then-
(a) any decision made by the Panchayat Returning Officer under the provisions of this Act shall, in so far as it determines the question between those candidates, be effective also for the purposes of the petition; and
(b) in so far as that question is not determined by such a decision the Court shall decide between them by lot and proceed as if the one on whom the lot then falls had received an additional vote.
The order of the Court under sections 91 and 92 shall be communicated forthwith to the District Panchayat Election Officer concerned, the Commission and the State Government.
Where by an order under section 84 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Zilla Parishad, Siliguri Mahakuma Parishad, Panchayat Samiti or Gram Panchayat shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.
(1) An election petition may be withdrawn only by leave of the Court.
(2) Where an application for withdrawal is made under sub-section (1), notice thereof fixing a date for the hearing of the application shall be given to all other parties to the petition.
(1) If there are more petitioners than one, no application to withdraw an election petition shall be made except with the consent of all the petitioners.
(2) No application for withdrawal shall be granted if, in the opinion of the Court, such an application has been induced by any bargain or consideration which ought not to be allowed.
(3) If the application is granted -
(a) the petitioner shall be ordered to pay the costs of the respondents theretofore incurred or such portion thereof as the Court may think fit;
(b) the Court shall direct that the notice of withdrawal shall be published in such manner as it may specify and thereupon the notice shall be published accordingly;
(c) a person who might himself have been a petitioner may, within fourt
When an application for withdrawal is granted by the Court and no person has been substituted as petitioner in place of the party withdrawing, the Court shall report the fact to the Commission.
(1) An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.
(2) Where an election petition abates under sub-section (1), the Court shall cause the fact to be published in such manner as he may deem fit.
(3) Any person who might himself have been a petitioner may, within fourteen days of such publication, apply to be substituted as petitioner and upon compliance with the conditions, if any, as to security, shall be entitled to be so substituted and to continue the proceedings upon such terms as the Court may deem fit.
If before the conclusion of the trial of an election petition, the sole respondent dies or gives notice that he does not intend to oppose the petition or any of the respondents dies or gives such notice and there is no other respondent who is opposing the petition, the Court shall cause notice of such event to be published in the Official Gazette, and thereupon any person who might have been a petitioner may, within fourteen days of such publication, apply to be substituted in place of such respondent to oppose the petition, and shall be entitled to continue the proceedings upon such terms as the Court may think fit.
When an election is declared void by the Court and a fresh election is ordered, the seat or seats of the returned candidate shall be deemed to be vacant from the date of the order of the Court and the State Government in consultation with the Commission shall forthwith take necessary steps for holding such fresh election.
Any person who is connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall be punishable with imprisonment for a term which may extend to three years, or with fine or with both.
(1) No person shall -
(a) convene, hold, attend, join or address any public meeting or procession in connection with an election; or
(b) display to the public any election matter by means of cinematograph, television or other similar apparatus; or
(c) propagate any election matter to the public by holding, or by arranging the holding of, any musical concert or any theatrical performance or any other entertainment or amusement with a view to attracting the members of the public thereto, in any polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a ter
(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together, shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees or with both.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) This section applies to any public meeting of a political character held in any constituency between the date of the issue of a notification under this Act calling upon the constituency to elect a member or members and the date on which such election is held.
(4) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do b
(1) No person shall print or publish, or cause to be printed or published, any election pamphlet or poster which does not bear on is face the names and addresses of the printer and the publisher thereof.
(2) No person shall print or cause to be printed any election pamphlet or poster -
(a) unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicates; and
(b) unless, within a reasonable time alter the printing of the document, one copy of the declaration is sent by the printer, together with one copy of the document to the District Panchayat Election Officer concerned.
(3) For the purpose of this section -
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(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain, and aid in maintaining, the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(1) No person who is a District Panchayat Election Officer or a Panchayat Returning Officer or an Assistant Panchayat Returning Officer or a Presiding or polling officer; at an election, or an officer or clerk appointed by the Panchayat Returning Officer or the Presiding Officer to perform any duty in connection with an election shall in the conduct or the management of the election do any act (other than the giving of vote) for the furtherance of the prospects of the election candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavour -
(a) to persuade any person to give his vote at an election, or
(b) to dissuade any person from giving his vote at an election, or
(c) to influence the voting of any person at an elec
(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred metres of the polling station, namely :-
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with fine which may extend to
(1) No person shall, on the date or dates on which a poll is taken at any polling station, -
(a) use or operate within or at the entrance of the polling station, or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker, or
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof;
so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other persons on duty at the polling station.
(2) Any person who contravences, or wilfully aids or abets the contravention of, t
(1) Any person who during the hours fixed for the poll at any polling station misconducts himself or fails to obey the lawful directions of the Presiding Officer may be removed from the polling station by the Presiding Officer or by any police officer on duty or by any person authorized in this behalf by such Presiding Officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station re-enters the polling station without the permission of the Presiding Officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.
(4) An offence punishable under sub-section (3) shall
If any elector to whom a ballot paper has been issued, refuses to observe the procedure prescribed for voting the ballot paper issued to him shall be liable for cancellation.
If any person is guilty of any such corrupt practice as is specified in clause (5) of section 123 of the Representation of the People Act, 1951 (43 of 1951) at or in connection with an election, he shall be punishable with imprisonment which may extend to three months and with fine.
(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) An offence punishable under sub-section (1) shall be cognizable.
(3) No suit or other legal proceedings shall lie against any such persons for damages in respect of any such act or omission as aforesaid.
(4) The person to whom this section applies are the District Panchayat Election Officer, Panchayat Returning Officer, Assistant Panchayat Returning Officer, Presiding Officer, polling officer and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidatures, or the recording or counting of votes at an election; and the expression "official duty" shall for the purp
If any person in the service of the State Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months or with fine or with both.
(1) No person, other than the Panchayat Returning Officer, the Presiding Officer, any police officer and any other person appointed to maintain peace and order at a polling station who is on duty at the polling station, shall, on a polling day, go armed with arms, as defined in the Arms Act, 1959 (54 of 1959), of any kind within the neighbourhood of a polling station.
(2) If any person contravenes the provisions of sub-section (1), he shall be punishable with imprisonment for a term which may extend to two years or with fine or with both.
(3) Notwithstanding anything contained in the Arms Act, 1959, where a person is convicted of an offence under this section, the arms as defined in the said Act found in his possession shall be liable to confiscation and the licence granted in relation to such arms shall be deemed to have been revoked un
(1) Any person who at any election unauthorisedly takes, or attempts to take, a ballot paper out of a polling station or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to five hundred rupees or with both.
(2) If the Presiding Officer of a polling station has reason to believe that any person is committing, or has committed, an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a woman to be searched, the search shall be made by another woman with strict regard to decency.
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(1) Whoever commits an offence of booth capturing shall be punishable with imprisonment for a term which shall not be less than one year but which may extend to three years and with fine, and where such offence is committed by a person in the service of the State Government, he shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to five years and with fine.
Explanation.-For the purpose of this sub-section and section 134, "booth capturing" includes, among other things, all/or any of the following activities, namely -
(a) seizure of a polling station or a place fixed for the poll by any person or persons making polling authorities surrender the ballot papers or voting machines and doing of any other act which affects the orderly conduct of elections;
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(1) No spirituous, fermented or intoxicating liquors or other substances of a like nature shall be sold, given or distributed at a hotel, eating house, tavern, shop or any other place, public or private, within a polling area during the period of forty-eight hours ending with the hour fixed for the conclusion of the poll for any election in that polling area.
(2) Any person who contravenes the provisions of sub-section (1), shall be punishable with imprisonment for a term which may extend to six months or with fine which may extend to two thousand rupees, or with both.
(3) Where a person is convicted of an offence under this section, the spirituous, fermented or intoxicating liquors or other substances of a like nature found in his possession shall be liable to confiscation and the same shall be disposed of in such manner as may be presc
(1) A person shall be guilty of an electoral offence if at any election he -
(a) fraudulently defaces or fraudulently destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of Panchayat Returning Officer; or
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official mark on any ballot paper or any declaration or identity or official envelop used in connection with voting by postal ballot; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anyt
(1) A political party shall be recognised as a local political party if it -
(i) has been engaged in political activity for a continuous period of five years, and
(ii) has at least one elected member in any tier of Panchayats for every existing twenty-five members elected to that tier of Panchayat from the area of a sub-division of a district or, if there is no elected body of Panchayat in that sub-division, one elected member in the Municipality or Municipalities for every existing twenty-five members elected to the Municipality or Municipalities within the area of that sub-division.
(2) Any association or body of individual citizens of India calling itself a political party and intending to be recognised as a local political party may make an application, in such manner as may be prescribed,
No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the provisions of this Act or of any rule or order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by, or under the authority of, the Commission of any such opinion, paper or proceedings.
When the seat of a member elected to a Gram Panchayat, Panchayat Samiti, Zilla Parishad or the Siliguri Mahakuma Parishad becomes vacant by reasons of his death, resignation, removal or otherwise, the Commission shall fix a date as soon as may be convenient for holding bye-election to fill the seat, and the provisions of this Act shall thereupon apply mutatis mutandis.
(1) The deposit made under section 47 shall either be returned to the person making it or his representative or be forfeited to the State Government in accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.
(3) If the candidate is not shown in the list of contesting candidates, or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one-sixth of the total
Every local authority in a State shall, when so required by the Commission or the District Panchayat Election Officer, make available to any Panchayat Returning Officer such staff as may be necessary for the performance of any duties in connection with an election.
(1) If it appears to the District Panchayat Election Officer that in connection with an election under this Act -
(a) any premises are needed or are likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken, or
(b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to, or from, any polling station, or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, the District Panchayat Election Officer may, by order in writing, requisition such premises or such vehicle, vessel or animal, as the case may be, and may make such further orders as may appear to him
(1) Whenever in pursuance of section 127, the District Panchayat Election Officer requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following, namely :-
(i) the rent payable in respect of the premises or if no rent is so payable the rent payable for similar premises in the locality;
(ii) if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change:
Provided that where any person interested, being aggrieved by the amount of compensation so determined, makes an application within the prescribed time to the District Panchayat Election Officer for referring the
The District Panchayat Election Officer may by order, with a view to requisitioning any property under section 127 or determining the compensation payable under section 128, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.
Any person authorized in this behalf by the District Panchayat Election Officer may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner, an order under section 127 should be made in relation to such premises, vehicle, vessel or animal, or with a view to securing compliance with any order made under that section.
Explanation.-For the purposes of this section, the expressions "premises" and "vehicle" have the same meanings as in section 127.
(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 127 may be summarily evicted from the premises by any officer empowered by the District Panchayat Election Officer in this behalf.
(2) Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove nr open any lock or break open any door of any building or do any other act necessary for effecting such eviction.
(1) When any premises requisitioned under section 127, are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person, to the person deemed by the District Panchayat Election Officer to be the owner of such premises, and such delivery of possession shall be a full discharge of the District Panchayat Election Officer from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.
(2) Where the person to whom possession of any premises requisitioned under section 127 is not readily ascertainable or has no agent or any other person empowered to accept deliv
If any person contravenes any order made under section 127, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.
(1) The Commission may nominate an Observer who shall be an officer of the State Government to watch the conduct of election or elections in a constituency or a group of constituencies and to perform such other functions as may be entrusted to him by the Commission.
(2) The Observer, nominated under sub-section (1), shall have the power to direct the Panchayat Returning Officer for the constituency or for any of the constituencies for which he has been nominated, to stop the counting of votes at any time before the declaration of the result or not to declare the result if, in the opinion of the Observer, booth capturing has taken place at a large number of polling stations or at places fixed for counting of votes or any ballot papers used at a polling station are unlawfully taken out of the custody of the Panchayat Returning Officer or are accidentally or intentionally destroyed or
1[(1) The State Government in consultation with the Commission, may, after previous publication in the Official Gazette, make rules, by notification, for carrying out the purposes of the Act.]
1. Sub-section (1) subs. by s. 7 of the West Bengal Panchayat(Amendment) Act, 2012 (West Ben. Act XXIII of 2012) (w.e.f. 27.8.2012), which was earlier as under:
"(1) The State Government may, after consulting the Commission, by notification in the Official Gazette, make rules for carrying out the purposes of this Act."
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
(a) the duties of Presiding Officers and polling officers at polling stations;
&
No Civil Court shall have jurisdiction to question the legality of any action taken or of any decision given by the Panchayat Returning Officer or by any other person appointed under this Act in connection with an election.
(1) The Commission, in consultation with the State Government, may issue such general or special directions as may, in its opinion be necessary for the purpose of giving effect to the provisions of this Act or the rules made thereunder or holding any election under this Act.
(2) If any difficulty arises in giving effect to the provisions of this Act or the rules made thereunder or in holding any election, the Commission as occasion requires may by order, do anything which appears to it to be necessary for the purpose of removing the difficulty.
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