The Kerala Panchayat Raj Act 1994
The Kerala Panchayat Raj Act 1994
The Kerala Panchayat Raj Act 1994
CHAPTER II
GRAMA SABHA
3. Grama Sabha.— (1) For the purposes of this chapter, each constituency of a Village
Panchayat may be specified as a village under Clause (g) of Article 243.
(2) All persons whose names are included in the electoral rolls relating to a village
comprised within the area of a Village Panchayat shall be deemed to be constituted as Grama
Sabha of such village;
3
[(3) Grama Sabha 4[shall meet at least once in three months] at the place, date and time,
fixed by the Convener of Grama Sabha in consultation with the president of the village
panchayat and the Convener of the Grama Sabha shall intimate the details of the meeting to the
Grama Sabha Members by a public notice] and to such meetings, the
5
[Convenor of Grama Sabha] shall, compulsorily invite the member of the Block
Panchayat, the District Panchayat and the Legislative Assembly representing the area of the
Grama Sabha :
Provided that the Convener shall, on a request in writing made by not less than ten percent
of the members of any Grama Sabha, convene a special meeting of the Grama Sabha within
fifteen days with the agenda given along with the request:
Provided further that such special meeting shall be convened only once within the period
between two general meetings.]
3. Sub-section (3) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
“(3) Grama Sabha shall meet at least twice a year at a place to be decided by the village panchayat.”
4. Corrected for the words “shall meet” by erratum notification no. 23879/Leg.C1/2008/Law dt. 2-2-2009. Earlier the words
substituted were “shall meet at least once in three months at the place fixed by the Village Panchayat” by the words “shall
meet” by Act 31 of 2005, w.e.f. 24-8-2005.
5. Substituted for “convener of the Village Panchayat” by Act 31 of 2005, w.e.f. 24-8-2005.
(4) The member of a Village Panchayat representing the constituency comprised in the
area of a village shall be the convener of that Grama Sabha; however due to any reason,
physical or otherwise the convener is unable to perform his functions as such, the President may
appoint a member representing any adjacent constituency as the convener.
(5) Every meeting of the Grama Sabha, shall be presided over by the President of the
Village Panchayat or in his absence, the Vice-President or in the absence of both of them by the
convener of Grama Sabha.
(6) The Village Panchayat shall place before the Grama Sabha a report relating to the
developmental programmes relating to the constituency during the previous year and these that
are proposed to be undertaken during the current year, and the expenditure therefor, the annual
statement of accounts and the administration report of the preceding year.
If in any circumstances, any decision of the Grama Sabha could not be implemented, the
President shall report the reason therefor, before the Grama Sabha.
(7) The Village Panchayats, the Block Panchayats and the District Panchayats shall give
due consideration to the recommendations and suggestions, if any, of the Grama Sabha.
6
[xxx]
7[3A. Powers, functions and rights of the Grama Sabha.— (1) Grama Sabha shall, in
such manner and subject to such procedure, as may be prescribed, perform the following
powers and functions, namely:-
(a) to render assistance in the collection and compilation of details required to
formulate development plans of the Panchayat;
(b) to formulate the proposals and fixing of priority of schemes and development
programmes to be implemented in the area of Village Panchayat;
6. Sub-section (8) to (11) omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted sub-sections read as under: “(8) The
Grama Sabha shall perform the following functions, namely:-
(a) rendering assistance in the preparation and promotion of the developmental scheme of the village; supervising the
implementation thereof;
(b) promoting harmony and unity among the various groups of people in the panchayat;
(c) mobilisation of voluntary labour and contributions in kind and cash for the community welfare programmes;
(d) rendering assistance in the implementation of developmental schemes pertaining to the village;
(e) rendering assistance for the identification, of beneficiaries for the implementation of developmental and welfare
schemes pertaining to the village;
(f) discussing the suggestions regarding the literacy programmes and assisting the implementation thereof;
(g) such other functions as may be prescribed;
(h) discussing the reports referred to in sub-section (6)and the developmentalactivities pertaining to the
constituency. Submitting proposals and recommendations regarding developmental activities.
(9) The procedure for convening and conducting the meetings of the Grama Sabha shall be such as may be prescribed.
(10) The quorum of a Grama Sabha shall not be less than fifty.
(11) Resolutions may be passed, on majority basis, in the meetings of theGrama Sabhain respect of any issue
coming under the jurisdiction of the Grama Sabha.”
7. Sections 3A 8 3B inserted by Act 13 of 1999, w.e.f. 24-3-1999.
(c) to prepare and submit to the Village Panchayat a final list of eligible beneficiaries
in the order of priority relating to the beneficiary oriented schemes on the basis of the criteria
fixed;
(d) to render assistance to implement effectively the development schemes by
providing facilities locally required;
(e) to provide and mobilise voluntary service and contribution in cash or in kind
necessary for the development plans;
(f) suggesting the location of street lights, street or community water taps, public
wells, public sanitation units, irrigation facilities and such other public utility schemes;
(g) to formulate schemes to impart awareness on matters of public interest like
cleanliness, environmental protection, pollution control and to give protection against social
evils like corruption, illicit and clandestine transactions;
(h) to promote harmony and unity among various groups of people within the area of
the Grama Sabha and to organise arts and sports festivals to develop goodwill among the people
of that locality;
(i) to monitor and render assistance to the beneficiary committees engaged in the
developmental activities within the area of the Village Panchayat;
(j) to verify the eligibility of persons getting various kinds of welfare assistance from
the Government such as pensions and subsidies;
(k) to collect information regarding the detailed estimates of works proposed to be
implemented in the area of the Grama Sabha;
(I) to make available details regarding the services to be rendered and the activities
proposed to be done by the concerned officials in the succeeding three months;
(m) to know the rationale behind every decision taken by the Panchayat regarding the
area of the Grama Sabha;
(n) to know the follow up action taken on the decisions of the Grama Sabha and the
detailed reasons for not implementing any of the decisions;
(o) to co-operate with the employees of the Village Panchayats in the sanitation
processes and rendering voluntary service for the removal of garbage;
(p) to find out the deficiencies in the arrangements for water supply, street lighting etc.
within the area of the Grama Sabha and to suggest remedial measures;
(q) to assist the activities of parent-teacher associations of the schools within the area
of the Grama Sabha;
(r) to assist the public health activities especially prevention of diseases and family
welfare, within the area of the Grama Sabha;
(s) to perform such other functions as may be prescribed from time to time.
(2) The Grama Sabha shall, in its ordinary meeting or in a special meeting convened for
the purpose, discuss the report referred to in sub-section (6) of Section 3 and it shall have the
right to know about the budgetary provisions, the details of plan outlay, item wise allocation of
funds and details of the estimates and cost of materials of works executed or proposed to be
executed within the area of the Grama Sabha.
(3) The Audit report or the performance audit report placed for the consideration of the
Grama Sabha shall be discussed in the meeting and its views, recommendations and suggestions
shall be communicated to the concerned Village Panchayat.
(4) The quorum of the Grama Sabha shall be ten per cent of the number of voters of its
area and the procedure for convening and conducting meetings of the Grama Sabha shall be such
as may be prescribed:
Provided that the quorum of the meeting of a Grama Sabha which was adjourned earlier
for want of quorum shall be fifty when convened again.
(5) The Officers of the Village Panchayat shall attend the meetings of the Grama Sabha as
may be required by the President and an officer nominated by the Village Panchayat as the co-
ordinator of the Grama Sabha shall assist the convener in convening and conducting the
meetings of the Grama Sabha and in recording its decisions in the Minutes Book and also in
taking up follow up action thereon.
(6) The Grama Sabha may appoint, elect or constitute, general or special sub-committees
for the detailed discussion on any issues or programmes and for the effective implementation of
the schemes and its decisions and in furtherance of its rights and responsibilities:
Provided that such committees shall consist of not less than ten members of whom, not
less than half shall be women.
(7) Resolutions may be passed on majority basis, in the meetings of the Grama Sabha in
respect of any issue within its jurisdiction, however, effort should be made to take decision on
the basis of general consensus as far as possible.
(8) When beneficiaries are to be selected according to any scheme, project or plan, the
criterion for eligibility and order of priority shall be fixed by the Panchayat subject to the terms
and conditions prescribed in the scheme, project or plan and such criterion shall be published in
the manner prescribed and intimated to the Grama Sabhas:
(9) The priority list prepared by Grama Panchayat after inviting applications for the
selection of beneficiaries and conducting enquiries on the application received, shall be
scrutinised at the meeting of the Grama Sabha in which the applicants are also invited and a final
list of the deserving beneficiaries, in the order of priority, shall be prepared and sent for the
approval or the Grama Panchayat:
Provided that the Village Panchayat shall not change the order of priority in the list sent by
the Grama Sabha for approval.
3B. Responsibilities of Grama Sabha.— (1) The Grama Sabha shall have the following
responsibilities, namely:-
(i) dissemination of information regarding developmental and welfare activities;
(ii) participating in and canvassing of programmes of Health and Literacy and such
other time bound developmental programmes;
(iii) collecting essential socio-economic data;
(iv) providing feedback on the performance of development programmes;
(v) resort to moral sanction to pay taxes, repayment of loans, promote environmental
cleanliness and to maintain social harmony;
(vi) mobilise local resources to augment resources of the Panchayat;
(vii) supervising development activities as volunteer teams and;
(viii) make arrangements for reporting urgently incidence of epidemics, natural
calamities etc.
(2) The Grama Sabha shall make periodical reports to the Village Panchayats in respect of
matters specified in a Section 3A.]
CHAPTER III
CONSTITUTION OF PANCHAYATS AT DIFFERENT LEVELS
4. Power of the Government to constitute and specify the name and headquarters of
Panchayat.— (1) The Government shall, by notification in the Gazette, constitute with effect
from such date as may be specified in the notification,-
(a) a Village Panchayat for each village or for group of villages;
(b) a Block Panchayat at intermediate level; and
(c) a District Panchayat for each District Panchayat area and specify the names and
headquarters of such panchayats.
(2) The Government may, at the request of the Panchayat concerned, or after consultation
with the Panchayat and after previous publication of the proposal by notification ,-
(a) increase the area of any “[Village Panchayat or Block Panchayat] by including within
such Panchayat area any village or group of villages;
(b) diminish the area of any “[Village Panchayat or Block Panchayat] by excluding from
such Panchayat area any village or group of villages;
(c) alter the headquarters of a Panchayat at any level; or
(d) alter the name of a Panchayat at any level:
Provided that any alteration extending or reducing the area of a **[Village Panchayat or
Block Panchayat] under clause (a) or Clause (b) shall not be brought into force before the expiry
of the term of the existing committee of that Panchayat.
(3) The Government may, after consultation with the Panchayat, pass such orders as they
deem fit as to the disposal of any part of the property vested in a Village Panchayat #[or Block
Panchayat] which has ceased to exercise jurisdiction over any village or group of villages and
the discharge of the liabilities of the Village Panchayat relating to such property or arising from
such village including all matters connected therewith or incidental thereto.
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 acquiring, holding and transferring property, movable or
** Substituted for the words “Village Panchayat” by Act 34 of 2014, w.e.f. 17-5-2010.
# Inserted by Act 34 of 2014, w.e.f. 17-5-2010.
immovable, of entering into contracts, and of doing all things necessary, proper or expedient for
the purposes for which it is constituted.
(2) A District Panchayat, a Block Panchayat and a Village Panchayat shall exercise such
powers, perform such functions and duties and shall have such responsibilities and authorities as
are provided by or under this Act or any other law for the time being in force.
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.
(2) The Government may after, publication of the relevant figures of each census by
notification alter the total number of seats in a Panchayat notified under sub-section (1) subject
to the scale specified in sub-section (3).
8
[(3) The number of seats to be notified under sub-section (1) or sub-section (2) shall not,-
(a) in these case of Village Panchayat, be 9[less than thirteen or more than twenty three];
(b) in these case of a Block Panchayat, be 10[less than thirteen or more than twenty three];
(c) in these case of a District Panchayat, be less than sixteen or more than thirty- two:
Provided that the ratio between the population of the territorial area of a panchayat at any
level and the number of seats in such Panchayats to be filled by election shall, so far as
practicable, be the same throughout State.]
(4) The procedure of fixing the strength of a Panchayat shall be such as may be
prescribed.
7. Composition of Village Panchayat.— (1) Every Village Panchayat shall consist of
elected members equal to the number of seats notified under sub-section (1) of Section 6.
(2) All the seats in a Village Panchayat shall be filled by persons chosen by direct
election in accordance with the provisions of this Act.
(3) In every Village Panchayat, seats shall be reserved for the Scheduled Castes and the
Scheduled Tribes.
8. Sub-section (3) substituted by Act 5 of 2005, w.e.f. 9-3-2005. Prior to the substitution it read as under “(3) The number of
seats to be notified under sub-section (1) or under sub-section (2) shall not,-
(a) in the case of Village Panchayat, be less than *[ten] or more than ‘[twenty];
* Substituted for “eight” & “fifteen” respectively by Act 13 of 1999, w.e.f. 24-3-1999.
(b) in the case of a Block Panchayat, be less than *[ten] or more than ‘[twenty]; and
* Substituted for “eight” & “fifteen” respectively by Act 13 of 1999, w.e.f. 24-3-1999.
(c) in the case of a District Panchayat, be less than fifteen or more than ‘[thirty]:
* Substituted for “fifteen” & “twenty-five” respectively by Act 13 of 1999, w.e.f. 24-3-1999.
Provided that the ratio between the Population of the Territorial area of a Panchayat at any level and the number of seats in
such Panchayat to be filled by election shall, so far as practicable, be the same throughout the State.
9. Substituted for “less than twelve or more than twenty-two” by Act 31 of 2009, w.e.f.7-10-2009.
10. Substituted for “less than twelve or more than twenty-two” by Act 31 of 2009, w.e.f. 7-10-2009.
(4) The number of seats reserved under sub-section (3) shall be determined by the
Government and the number of seats so determined shall bear, as nearly as may be, the same
proportion to the total number of seats in that Panchayat as the population of the Scheduled
Castes in that Panchayat area or, as the case may be, of the Scheduled Tribes in that Panchayat
area bears to the total population of the Panchayat area, and such seats shall be allotted by the
11
[State Election Commission] or an officer authorised by it 12[under sub-section (1B) of section
10] by rotation to different constituencies in that Panchayat area:
Provided that where the population of the Scheduled Castes or the Scheduled Tribes in a
Panchayat area is not sufficient enough to make them eligible for reservation of any seat, one
seat shall be reserved in that Panchayat, for the Scheduled Castes or the Scheduled Tribes
having higher population.
(5) 13[Fifty per cent (in the case of a fraction, it shall be fixed to the next higher integer)]
of the total number of seats reserved under sub-section (4) shall be reserved by the Government
for women belonging to the Scheduled Castes or the Scheduled Tribes as the case may be:
Provided that if the number of seats reserved for Scheduled Castes or, as the case may be,
the Scheduled Tribes, under sub-section (4) is one, that seat shall not be reserved for women,
belonging to Scheduled Castes or Scheduled Tribes, as the case may be.
(6) 14[Fifty per cent (in the case of a fraction, it shall be fixed to the next higher integer)]
[including the seats reserved under sub-section (5)] of the total number of seats in a Village
Panchayat shall be reserved by the Government for women and such seats shall be allotted by
the 15[State Election Commission] or the officer authorised by it #[under sub-section (1B) of
section 10] by rotation to different constituencies in the Village Panchayat area.
(7) Nothing contained in sub-sections (3) to (6) shall be deemed to prevent members of
the Scheduled Castes or the Scheduled Tribes or the women from standing for election to the
non-reserved seats in a Village Panchayat.
(8) A Village Panchayat shall have a President and a Vice-President elected by the
members of the Village Panchayat from among themselves.
8. Composition of Block Panchayat.— (1) Every Block Panchayat shall consist
of,-
(a) elected members equal to the number of seats notified under sub-section (1) of
Section 6;
(b) the Presidents of the Village Panchayats in the territorial area of the Block
Panchayat; and
16
[(c) x x x x ]
CHAPTER IV
DELIMITATION OF CONSTITUENCIES
10. Division of Panchayats into constituencies.— (1) 29[The Government shall by
notification in the Gazette, constitute a Delimitation Commission consisting of the State Election
Commission as the Chairman and four Officers, not below the rank of Secretary to Government,
as members. The said Delimitation Commission shall, as soon as may be after fixing the strength
of a Panchayat at any level under Section 6 and after determining the number of seats to be
reserved for Scheduled Castes, Scheduled Tribes and for Women],-
(a) divide every Panchayat into as many constituencies as there are seats and fix the
boundaries of such constituencies:
Provided that the population of each constituency shall, as far as practicable, be the same
throughout the Panchayat area: ’
Provided further that where the territorial area of a Block Panchayat is divided into
constituencies, the boundaries of such constituencies shall not divide any constituency of any
Village Panchayat and where the territorial area of a District Panchayat is divided into
constituencies the boundaries of such constituencies shall not divide any constituency of any
Village Panchayat or of any Block Panchayat, into more than one division.
30
[xxxx]
31
[(1A) The officers for the functioning of the Delimitation Commission, procedure for the
conduct of meeting including quorum and other related matters shall be such, as may be
prescribed.
(1B) The State Election Commission or the officer authorised by it in this behalf shall, on
determination by the Government of the number of seats to be reserved, earmarked and
constituency or constituencies to be reserved for Scheduled castes, Scheduled Tribes or Women.
(2) 32[The Delimitation Commission] shall,—
29. Substituted for “As soon as may be, after fixing the strength of a Panchayat at any levels under Section 6, and after
determining the number of seats to be reserved for Scheduled Castes, Scheduled Tribes and for women, *[the State
Election Commission] or an officer authorised by it in this behalf shall” by Act 3 of 2005. ’
* Substituted by Act 13 of 1999, w.e.f. 24-3-1999.
30. Clause (b) omitted by Act 3 of 2005, w.e.f. 10-1-2005. Prior to the omission it read as under:
“(b) determine the constituency or constituencies, which shall be reserved for the Scheduled Castes or the Scheduled Tribes
and for women.’
31. Sub-section (1) and (1A) inserted by Act 3 of 2005, w.e.f. 10-1-2005.
32. Substituted for “The State Election Commission or the officer authorised by it” by Act 3 of 2005, w.e.f. 10-1-2005.
(a) publish 33[the proposals of the Delimitation Commission] in respect of the matters
mentioned in Clause (a) of sub-section (1), with a notice specifying the date on or after which
the proposals will be considered 34[by it] and by inviting objections and suggestions with respect
to the proposals before a date specified in the notice, by affixing copies thereof on the notice
board of the office of the Panchayat concerned and in such conspicuous places within the
Panchayat area concerned;
(b) publish in the Gazette and in any two local news papers having wide circulation
within the Panchayat area concerned the fact of publication under clause (a);
35
(c) consider all objections and suggestions that may have been received by [the
Delimitation Commission] before the date so specified; and
36
[(d) delimit the constituencies.
37
[(2A) The officer authorised by the State Election Commission in this behalf shall
determine, as to which constituency, the constituencies reserved for Scheduled Castes,
Scheduled Tribes or Women shall be allotted according to rotation, by draw of lots at the time,
date and place fixed by the Commission in this behalf, by notification.
(2B) After the draw of lots under sub-section (2A), the State Election Commission or the
officer authorised by it shall issue an order determining the constituency reserved for the
Scheduled Caste, Scheduled Tribes or Women].
(3) An order made by the 38[State Election Commission or the officer authorised by it]
39
[or the Delimitation Commission] shall not be called in question in any Court of law.
39A
[(3A) Every order issued by the Delimitation Commission with regard to the
delimitation of constituencies under this Section shall be published in the Gazette and shall have
the force of law.]
(4) 40[The Delimitation Commission] shall furnish free of cost three copies each of the
proposals published and the final orders issued under sub-section (2) to the committees at the
Panchayat level concerned of all political parties having representation in the Legislative
Assembly and copies of such orders shall also be made available for sale, at the price fixed by
40
[the Delimitation Commission], to all the public who require them.
33. Substituted for “the proposals *[of the State Election Commission or the Officer” by Act 3 of 2005.
* Substituted for Act 13 of 1999, w.e.f. 24-3-1999.
34. Substituted for “by it or by him” Act 3 of 2005, w.e.f. 10-1-2005.
35. Substituted for n*[the State Election Commission or the officer authorised by it” Act 3 of 2005
* Substituted for the words “Government or the authorised officer” by Act 13 of 1999
36. Clause (d) substituted by clauses (d) (e) & (f) by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
“(d) make an order delimiting the constituencies specifying therein the constituency or constituencies which shall be
reserved for the Scheduled Castes or the Scheduled Tribes and for women.”
37. Clauses (e) and (f) substituted by Act 3 of 2005, w.e.f. 10-1-2005. Prior to the substitution it read as under: “(e) determine
as to which constituency, the constituencies reserved for Schedule Castes, Scheduled Tribes or women shall be allotted
according to rotation by draw of lots by the Officers authorised in this behalf by the Commission and at the time, date and
place fixed by the State Election Commission by notification in the Gazette; (f) after draw of lots an order determining the
Constituencies reserved for Scheduled Casts, Scheduled Tribe or women, shall be issued.” ‘
38. Substituted for the words “Government or the authorised officer under this section” by Act 13 of 1999
39. Inserted by Act 3 of 2005, w.e.f. 10-1-2005.
39 A. Sub-section 3A inserted by Act 34 of 2014, w.e.f. 14-6-2010.
40. Substituted for “‘The State Election Commission or the officer authorised by it” Act 3 or 2005, w.e.f. 10-1-2005.
* Substituted for the words “Government or the officer authorised by them” by Act 13 of 2000.
41
[xxx]
11. Power to rectify printing mistakes, etc.— 42[The State Election Commission or an
officer authorised by it] 43[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.
CHAPTER V
OFFICERS AND STAFF OF STATE ELECTION COMMISSION
12. Staff of the State Election Commission.— (1) As soon as may be, after a request by
the State Election Commission to the Governor under clause (3) of Article 243 K, the
Government shall lend the services of such number of officers and employees as may be
necessary to assist the State Election Commission in the discharge of its functions.
(2) The Government may in consultation with the State Election Commission,
appoint an officer not below the rank of Additional Secretary to Government as Secretary to the
State Election Commission.
(3) The officers and employees referred to in sub-section (1) and sub-section (2) shall
continue to be Government servants for all purposes and their terms and conditions of service
shall continue to be the same as applicable to them under the Government.
41. Section 10A omitted by Act 3 of 2005, w.e.f. 10-1-2005. Prior to the omission Section 10A as inserted by Act
13 of 2000, w.e.f. 18-1-2000 read as under:
“10A. (1) Review of final orders by State Election Commission.— The State Election Commission, may,
either suo motu or on application, review any order issued under Section 10 and pass such order as it may
deem fit.
(2) An application for review under sub-section (1) shall be filed within fifteen days from the date of issue
of the impugned final order:
Provided that the time taken for obtaining a copy of the order against which the complaint was filed shall be
excluded from calculating the said fifteen days.
(3) Every order issued by the State Election Commission under sub-section (1) shall be published as soon
as may be after it is issued, by affixing on the notice board of the Panchayat concerned and in a conspicuous
place within the area of such Panchayat and the fact of such publication shall be published in the Gazette and
in two local newspapers having wide circulation within the Panchayat area concerned, and a copy each, of the
order, shall be given free of cost, to the concerned Panchayat level committees of all political parties having
representation in the Legislative Assembly.
42. Substituted for the words “ Government or the officer authorised by them under section 10” by Act 13 of 1999.
43. Substituted for ‘The State Election Commission or the officer authorised by it” Act 3 or 2005, w.e.f. 10-1-2005.
(4) The State Election Commission shall, in consultation with the Government 44[x x]
designate or nominate such of the officers of the Government or of the local authority, as
officers for the purpose of preparation and revision of electoral rolls and conduct of elections
under this Act.
13. District Election Officers.— (1) The State Election Commission shall, in
consultation with the Government, designate or nominate an officer of the Government or a
local authority as district election officer for each district:
Provided that the State Election Commission, may designate or nominate more than one
such officer for a district if it is satisfied that the functions of the office cannot be performed
satisfactorily by one such officer.
(2) Where more than one district election officer is designated or nominated for a district,
the State Election Commission shall in the order designating or nominating them also specify
the area in respect of which each such officer shall exercise jurisdiction.
(3) Subject to the superintendence, direction and control of the State Election
Commission, every district election officer shall co-ordinate and supervise all works in the area
within his jurisdiction including preparation and revision of the electoral rolls in connection with
the conduct of elections for all constituencies within the district.
(4) The district election officer shall also perform such other functions relating to the
election as may be entrusted to him by the State Election Commission.
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 behalf.
(2) An electoral registration officer may, subject to such restrictions as may be prescribed,
employ competent teachers of schools including aided schools or Government employees or
employees of local authorities for the preparation and revision of the electoral rolls for the
constituencies.
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 every such person shall be an officer of the Government or of a Panchayat.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral
registration officer, be competent to perform all or any of the functions of the electoral
registration officer.
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 45[respective] Panchayat office, and
the village office, and 46[x x] at the headquarters of the block and the taluk office, for facilitating
the voters to verify the same and the final list shall be publishedafter taking decisions on the
objections and applications.
(3) The electoral rolls for the constituencies of Block Panchayats and District Panchayats
shall consist of the electoral rolls for all the constituencies of the Village Panchayats comprised
within the constituencies of the Block Panchayat or, as the case may be, of the District
Panchayat and it shall not be necessary to prepare or revise separate electoral rolls for such
constituencies.
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
(b) is of unsound mind and stands so declared by a competent Court; or
(c) is for the time being disqualified from voting under the provisions of any law
relating to corrupt practices and other offences in connection with elections.
(2) The name of any person who becomes so disqualified after registration shall forthwith
be struck off the electoral roll in which it is included:
Provided that the name of any person struck off the electoral roll of a constituency by
reason of a disqualification under clause (c) of sub-section (1) shall forthwith be reinstated in
that roll if such disqualification is, during the period such roll is in force, removed under any law
authorising such removal.
18. No person to be registered in more than one constituency.— No person shall be
entitled to be registered in the electoral roll for more than one constituency.
19. No person to be 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.
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
(b) is ordinarily resident in a constituency, shall be entitled to be registered in the electoral
roll for that constituency.
CHAPTER VII
QUALIFICATIONS AND DISQUALIFICATIONS
47. Substituted for the words “one thousand” by Act 13 of 1999, w.e.f. 24-3-1999.
48. Substituted by Act 7 of 1995.
*[Provided that even if a candidate has omitted any word or words inadvertently when he
makes and subscribes signature in such oath or affirmation and in the case he has been
subsequently elected as member and assumed office on oath or affirmation made in the Second
Schedule he shall not be considered as disqualified for the mistake happened earlier].
(f) he has not been disqualified under any other provisions of this Act.
30. Disqualification of officers and employees of Government, local authorities,
etc.— (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 49[not less than
fifty one percent share] or of a Statutory Board or of any University in the State shall be
qualified for election or for holding office as a member of a Panchayat at any level.
50
[Explanation 1.— For the purpose of this Section, company means’a Government
company as defined in Section 617 of the Companies Act, 1956 (Central Act 1 of 1956) and
includes a co-operative society registered or deemed to be registered under the Kerala Co-
operative Societies Act, 1969 (21 of 1969)].
(2) Any officer or employee referred to in sub-section (1) who has been dismissed for
corruption or disloyalty shall be disqualified for a period of five years from the date of such
dismissal for election or for holding office as a member of a Panchayat at any level.
50
[Explanation 2.— For the purpose of this section, the part-time employees and persons
receiving honorarium except the Anganawadi employees, Balawadi employees, Asha Workers
and Saksharatha Preraks shall be deemed to be employees.]
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 from the date of his conviction.
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:
* Proviso added by Act 9 of 2003 w.e.f. 24-3-1999. Validation—Notwithstanding anything contained in the Kerala Panchayat
Raj Act, 1994 (13 of 1994) or any other law, or judgement or order of any court where a person has been elected as a member
of Panchayat and has assumed office after making and subscribing oath or affirmation as per the second Schedule of the
principal Act, he shall not deemed to be disqualified for being a member or his election shall not be considered as void for the
only reason that while presenting nomination paper he has omitted any word or words in the oath or affirmation made or
subscribed before the returning officer or any other authority and he shall continue to be the member.
49. Substituted by Act 7 of 1995.
50. Existing “Explanation” renumbered as “Explanation I” and added “Explanation II” by Act 34 of 2014, w.e.f. 28-10 2013.
Provided that the period for which any person may be disqualified under this sub-section
shall in no case exceed six years from the date on which the order made in relation to him-under
Section 101 takes effect.
(2) Before giving his decision on any question mentioned in sub-section (1) the Governor
shall obtain the opinion of the State Election Commission on that question and shall act
according to such opinion.
33. Disqualification for failure to lodge account of election expenses.— If the State
Election Commission is Satisfied that a person
51
[(a) has failed to lodge an account of election expenses within the prescribed time
and manner and hasno sufficient reason or justification for such failure; or
(b) the accounts lodged are false;
(c) has incurred election expenses exceeding the prescribed limit.]
the State Election Commission shall, by order published in the Gazette, declare him to be
disqualified and any such person shall be disqualified for a period of five years from the date of
the order.
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
elections to the Legislative Assembly; or
52
[(aa) has been proved at any later time, that the community certificate produced before
the Returning Officer or the declaration submitted along with the nomination paper under sub-
section (2) of section 52 for contesting to a seat reserved for Scheduled Castes or Scheduled
Tribes was false or bogus or that he does not belong to Scheduled Caste or Scheduled Tribe, as
the case may be, under the Kerala (Scheduled Castes and Scheduled Tribes) Regulation of Issue
of Community Certificates Act, 1996 (11 of 1996) or under any other law for the time being in
force and declared as such and six years have not elapsed from the date of such declaration, or.]
53
[(b) (i) has been sentenced by a Court or Tribunal to imprisonment for a period not less
than three months for an offence involving moral turpitude;
51. Clauses (a) (b) & (c) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under: “(a) has
failed to lodge an account of election expenses within the time and in the manner prescribed by or under this Act;
(b) has no sufficient reason or justification for the failure; and
(c) the accounts lodged are not correct;”.
52. Clause (aa) inserted by the Act 31 of 2009, w.e.f. 7-10-2009.
53. Clauses (b) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
“(b) has been sentenced by a criminal court to imprisonment for a period of more than one year for an offense involving
moral delinquency (such sentence not having been reversed or the offense pardoned) while undergoing the sentence and
for six years from the date of the expiration thereof; or”
(ii) has been found guilty of an offence of corruption by a competent authority
under any law in force;
(iii) has been held personally liable for maladministration by the Ombudsman
constituted under Section 271 G; or]
(c) has been adjudged to be of unsound mind; or
(d) has voluntarily acquired the citizenship of a foreign State; or
(e) has been sentenced by a Criminal Court for any electoral offence punishable under
Section 136 or M[x x] Section 138 or has been disqualified from exercising any electoral right
on account of corrupt practices in connection with an election, and six years have not elapsed
from the date of such sentence or disqualification; or
(f) is an applicant to be adjudicated an insolvent or is an undischarged insolvent; or
(g) is interested in a subsisting contract made with, or any work being done for, the
Government or the 55[any Local Self Government Institution] except as a shareholder (other
than a director) in a company or except as permitted by rules made under this Act;
Explanation.— A person shall not, by reason of his having a share or interest in any
newspaper in which any advertisement relating to the affairs of the Government or “[any
Local Self Government Institution], or by reason of his holding a debenture or being otherwise
concerned in any loan raised by 56[Government or Local Self Government Institution or on
behalf of the Government or Local Self Government Institution] be disqualified under this
clause; or
(h) is employed as a paid legal practitioner on behalf of the Government or the
Panchayat concerned; or
(i) is already a member whose term of office as such will not expire before his fresh
election can take effect or has already been elected a member whose term of office has not yet
commenced; or
(j) is in arrears of any kind due by him to the Government 58[or the Local Self
Government Institution] (otherwise than in a fiduciary capacity) upto and inclusive of the
previous year in respect of which a bill or notice has been duly served upon him and the time,
if any, specified therein for payment has expired; or
(k) is dismissed or removed from the service of the Central Government or of the State
Government or the service of any local authority or any other service referred to in sub-section
(1) of Section 30; and five years have not elapsed from the date of such dismissal or removal;
or
59
[(kk) has been disqualified as per the provisions of the Kerala Local Authorities
(Prohibition of Defection) Act, 1999 and has not completed six years from the date of
disqualification; or]
54. Omitted by Act 7 of 1995.
55. Substituted for “the Panchayat concerned” by Act 31 of 2009, w.e.f. 7-10-2009.
56. Substituted for “the panchayat concerned” by Act 31 of 2009, w.e.f. 7-10-2009.
57. Substituted for “Government or Panchayat or on behalf of the Government or the Panchayat” by Act 31 of 2009.
58. Substituted for “or the Panchayat concerned” by Act 31 of 2009, w.e.f. 7-10-2009.
59. Clause (kk) added by Act 11 of 1999, w.e.f. 2-10-1998.
(I) is debarred from practicing as an Advocate or Vakil; or
(m) is a deaf-mute; or
(n) is disqualified under any other provision of this Act; or
(o) is included in the black list for any default in connection with any contract or tender
with the Government.
60
[(p) has been found liable for loss, waste or misuse of money or other property of the
Panchayat by the Ombudsman.]
(2) If any question arises as to whether a candidate has become subject to any of the
disqualifications mentioned in sub-section (1), the question shall be referred for the decision of
the State Election Commission and the decision of the State Election Commission on such
question shall be final.
35. Disqualifications of members.— 61 [(1)] Subject to the provisions of Section 36 or
Section 102, a member shall cease to hold office as such, if he-
62
[(a) is found guilty as described under clause (b) of sub-section (1) of Section 34 or is
sentenced for such an offence; or]
63
[(aa) has been proved under the Kerala (Scheduled Castes and Scheduled Tribes)
Regulation of Issue of Community Certificates Act, 1996 (11 of 1996) or under any other law
for the time being in force that he does not belong to Scheduled Castes or Scheduled Tribes, as
the case may be, and declared as such in the case of a member, elected to an office, reserved for
Scheduled Caste or Scheduled Tribe; or]
(b) has been adjudged to be of unsound mind; or
(c) has voluntarily acquired the citizenship of a foreign state; or
(d) has been sentenced by a Criminal Court for any electoral offence punishable under
Section 136 or “[x x] Section 138 or has been disqualified from exercising any electoral right on
account of corrupt practices in connection with an election, and six years have not elapsed from
the date of such sentence or disqualification; or
(e) has applied to be adjudicated, or is adjudicated, an insolvent; or
(f) acquires any interest in any subsisting contract made with, or work being done for, the
Government or 65[any Local Self-Government Institution] except as a shareholder (other than a
director) in a company or except as permitted by rules made under this Act 66[or enters into the
contract or work 67[with the Local Self-Government Institution] as a Convener of the beneficiary
committee which undertake the project or work 68[of the Local Self-Government Institution];]
60. Clause (p) added by Act 13 of 1999, w.e.f. 24-3-1999.
61. Renumbered as sub-section (1) of this section by Act 11 of 2007.
62. Clause (a) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution clause (a) read as under: “(a) is sentenced
by a criminal court for such offense and to such punishment as is described in clause (b) of sub-section (1) of Section 34; or”
63. Clause (aa) Inserted by the Act 31 of 2009, w.e.f. 7-10-2009.
64. Substituted by Act 7 of 1995.
65. Substituted for “the Panchayat concerned” by Act 31 of 2009, w.e.f. 7-10-2009.
66. Added by Act 31 of 2005, w.e.f. 24-8-2005.
67. Substituted for “with the Panchayat” by Act 31 of 2009, w.e.f. 7-10-2009.
68. Substituted for “of that Panchayat” by Act 31 of 2009, w.e.f. 7-10-2009.
Explanation.— A person shall not, by reason of his having a share or interest in any
newspaper in which any advertisement relating to the affairs of the Government or 69[any Local
Self Government Institution], or by reason of his holding a debenture or being otherwise
concerned in any loan raised by 70[Government or Local Self Government Institution or on
behalf of the Government or Local Self Government Institution] be disqualified under this
clause; or
71
[(g) is employed as paid legal practitioner on behalf of the Government or the Panchayat
concerned or accepts employment as legal practitioner against the panchayat; or];
(h) ceases to reside within the area of the Panchayat concerned; or
(i) is debarred from practicing as an Advocate or Vakil; or
(j) is in arrears of any kind due by him (otherwise than in a fiduciary capacity) to the
Government 72[or the Local Self Government Institution] up to and inclusive of the previous
year in respect of which a bill or notice has been duly served upon him and the time, if any,
specified therein has expired; or
73
[(k) absents himself without the permission of the Panchayat concerned from its meeting
or the meeting of the Standing Committee thereof for a period of three consecutive months
reckoned from the date of commencement of his term of office or of the last meeting that he
attended, or of the restoration to office as member under sub-section (1) of Section 37, as the
case may be, or if within the said period, only in less than three meetings of the Panchayat or of
the Standing Committee as the case may be, have been held, absents himself from three
consecutive meetings held after the said date:]
Provided that no meeting from which a member absented himself shall be counted against
him under this clause if,— . .
(i) due notice of that meeting was not given to him; or
(ii) the meeting was held after giving shorter notice than that prescribed for an ordinary
meeting; or
. (iii)the meeting was held on a requisition of members; or:
74
[Provided further that no permission shall be granted by the Panchayat to a member for
absenting himself from meetings of the Panchayat or of the Standing Committee for a
continuous period of more than six months.]
69. Substituted for “the panchayat concerned” by Act 31 of 2009, w.e.f. 7-10-2009.
70. Substituted for “Government or Panchayat or on behalf of the Government or the Panchayat” by Act 31 of 2009.
71. Clause (g) substituted by Act *31 of 2005, w.e.f. 24-8-2005. Prior to the substitution it read as under:
“(g) is employed as a paid legal practitioner on behalf of the Government or the Panchayat concerned; or”
72. Substituted for “or the Panchayat concerned” by Act 31 of 2009, w.e.f.7-10-2009.
73. Substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to thesubstitution it read as under:
“(k) absents himself without permission of the panchayat concerned from itsmeetings or any committee thereof for a period
of three consecutive months reckoned from the date of the commencement of his term of office, or of the last meeting which
he attended, or of the restoration of office, as member under sub-section (1) of section 37, as the case may be, or, if within
the said period, not less than three meetings have been held, absents himself from three consecutive meetings held after the
said date”
74. Proviso added by Act 13 of 1999, w.e.f. 24-3-1999.
(I) is disqualified under any provisions of the Constitution or under any law for the time
being in force for the purpose of elections to the Legislature of the State; or
(m) is disqualified under any other provision of this Act.
75
[(n) has been disqualified under the provisions of Kerala Local Authorities (Prohibition
of Defection) Act, 1999; or]
76
[(o) is liable, for the loss, waste or misuse caused to the Panchayat;
(p) has failed, *[thrice] consecutively, to convene the meetings of the Grama Sabha, due
once in three months, of which he is the convenor; or
(q) has failed to file declaration of his assets within the time limit prescribed under Section
159]
77
[(r) failed to enter upon office within the time limit specified in sub-section (13a) of
Section 153].
78
[(2) Notwithstanding anything contained in clause (q) of sub-section (1), a member, who
has committed default in filing a statement regarding assets and liabilities within the time limit
specified under Section 159 on the date on which the Kerala Panchayat Raj (Amendment) Act,
2007 came into force, shall not be deemed to be disqualified, if he files such statement before the
concerned authority within 90 days from the date on which the said Act came into force.]
79
[35 A. Cessation of membership.— No member of a Panchayat shall be a member of
the Parliament or of the State Legislature at the same time and accordingly he shall cease to hold
the office as a member of the Panchayat,-
(a) where a person elected as a member of the Panchayat has been a member of the
Parliament or of the Legislature before assuming his office and has not resigned the membership
thereof or;
(b) where a member of the Panchayat who is elected or nominated as a member of the
Parliament or of the State Legislature on assuming such office.]
36. Determination of subsequent disqualification of a member.— (1) Whenever a
question arises as to whether a member has become disqualified under Section 30 80[or Section
35 except clause (n)] thereof after having been elected as a member, any member of the
panchayat concerned or any other person entitled to vote at the election in which the member
was elected, may file a petition before the State Election Commission, for decision.
81
[Provided that, the Secretary or the Officer authorised by the Government in this behalf
may refer such a question to the State Election Commission for decisions.]
CHAPTER VIII
NOTIFICATION*OF GENERAL ELECTIONS AND ADMINISTRATIVE
MACHINERY FOR THE CONDUCT OF ELECTIONS
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 Gazette on such date or dates as may be recommended by the State Election Commission,
call upon all the constituencies of the Panchayats in the State to elect members in accordance
with the provisions of this Act and of the rules and orders made thereunder.
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 the commission shall have power to examine any such decision taken by the
Secretary either suo motu or on the basis of any complaint, and take suitable decision thereon.
87. Substituted for “the twentieth day” by Act 31 of 2009, w.e.f. 7-10-2009.
88. Proviso added by Act 7 of 1995.
# Sub-section (1A) inserted by Act 30 of 2005, w.e.f. 22-8-2005.
(2) In a constituency where the seat is reserved for Scheduled Caste or Scheduled Tribe a
candidate shall not be deemed to be qualified to be chosen to fill that seat 89[unless a community
certificate specifying the particular caste or tribe of which he is a member issued by the
Competent Officer is produced along with his nomination and his nomination paper contains a
declaration in respect of his caste].
(3) Where the candidate is a person who, having held any office referred to in clause (k)
of Section 34 has been dismissed or removed and period of five years has not elapsed since the
dismissal or removal, such person shall not be deemed to be duly nominated as a candidate
unless his nomination paper is accompanied by a certificate issued in the prescribed manner by
the State Election Commission to the effect that he has not been dismissed or removed for
corruption or disloyalty.
(4) On the presentation of a nomination paper, the returning officer shall satisfy himself
that the names and electoral roll numbers of the candidate and his proposer as entered in the
nomination paper are the same as those entered in the electoral rolls:
Provided that no misnomer or inaccurate description or clerical, technical or printing error
in regard to the name of the candidate or his proposer or any other person, or in regard to any
place, mentioned in the electoral roll or the nomination paper and no clerical, technical or
printing error in regard to the electoral roll numbers of any such person in the electoral roll or
the nomination paper, shall affect the full operation of the electoral roll or the nomination paper
with respect to such person or place in any case where the description in regard to the name of
the person or place is such as to be commonly understood; and the returning officer shall permit
any such misnomer or inaccurate description or clerical, technical or printing error to be
corrected and where necessary, direct that any such misnomer, inaccurate description, clerical,
technical or printing error in the electoral roll or in the nomination paper shall be overlooked.
(5) Where the candidate is an elector of a different constituency a copy of the electoral
roll of that constituency or of the relevant part thereof or a certified copy of the relevant entries
in such roll shall unless it has been filed along with the nomination paper, be produced before
the returning officer at the time of scrutiny.
(6) Nothing in this section shall prevent any candidate from being nominated by more
than one nomination paper:
Provided that not more than three nomination papers shall be presented by or on behalf of
any candidate or accepted by the returning officer.
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 deposit shall be fifty percent of the amount prescribed for such constituency:
Provided that where a candidate has been nominated by more than one nomination paper,
not more than one deposit shall be required of him under this sub-section.
89. Substituted for “unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which
he is a member” by Act 31 of 2009, w.e.f. 7-10-2009.
(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have
been deposited under that sub-section unless at the time of delivery of the nomination paper
under sub-section (1) of Section 52, the candidate has either deposited or caused to be deposited
that sum with the returning officer in cash or enclosed with the nomination paper a receipt
showing that the said sum has been deposited by him or on his behalf in the office of such
authority as may be notified by the Government.
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 nomination containing descriptions both of the
candidate and of the proposer as contained in the nomination paper.
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 authorised in writing by each candidate, but no other person, may attend at
such time and place as the returning officer may appoint; and the returning officer shall give
them all reasonable facilities for examining the nomination papers of all candidates which have
been delivered within the time and in the manner laid down in Section 52.
(2) The returning officer shall then examine the nomination papers and shall decide all
objections which may be made to any nomination and may, either on such objection or on his
own motion, after such summary inquiry, if any, as he thinks necessary, reject any nomination
on any of the following grounds, namely;—
(a) that on the date fixed for the scrutiny of nominations, the candidate is either not
qualified or is disqualified for being chosen to fill the seat under any of the provisions of this
Act;
(b) that there has been failure to comply with any of the provisions of Section 52 or
Section 53; or
(c) if he is satisfied that the signature of the candidate or the proposer on the nomination
paper is not genuine.
(3) Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed to
authorise the rejection of the nomination of any candidate on the ground of any irregularity in
respect of a nomination paper, if the candidate has been duly nominated by means of another
nomination paper in respect of which no irregularity has been committed.
(4) The returning officer shall not reject any nomination paper on the ground of any defect
which is not of a substantial nature.
(5) The returning officer shall hold the scrutiny on the date appointed in this behalf under
clause (b) of Section 49 and shall not allow any adjournment of the proceedings except when
such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his
control:
Provided that in case an objection is raised by the returning officer or is made by any other
person the candidate concerned may be allowed time to rebut it not later than the next working
day but one following the date fixed for scrutiny, and the returning officer shall record his
decision on the date to which the proceedings have been adjourned.
(6) The returning officer shall endorse on each nomination paper his decision accepting or
rejecting the same and, if the nomination paper is rejected, shall record in writing a brief
statement of his reasons for such rejection.
(7) For the purposes of this section, a certified copy of an entry in the electoral roll for the
time being in force of a constituency shall be conclusive evidence of the fact that the person
referred to in that entry is an elector for that constituency, unless it is proved that he is subject to
a disqualification mentioned in Section 17.
(8) Immediately after all the nomination papers have been scrutinised and decisions
accepting or rejecting the same have been recorded, the returning officer shall prepare a list of
validly nominated candidates and affix it on his notice board.
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 been authorised in this behalf in writing by such candidate:
Provided that if that day has been notified by the Government as a day to be observed as a
holiday in Government offices, the notice of withdrawal shall be considered as having been
delivered in due time if it is delivered before three O’ clock in the afternoon on the next
succeeding day which is not a holiday so notified.
(2) No person who has given a notice of withdrawal of his candidature under sub-section
(1) shall be allowed to cancel the notice.
(3) The 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 and in the office of the concerned Panchayat.
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.
(2) The said list shall contain the names in Malayalam alphabetical order and the addresses
of the contesting candidates as given in the nomination papers together with such other
particulars, as may be prescribed.
58. Election agents.— A candidate at an election may appoint, in the prescribed manner
any one 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.
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.
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 or of the death of an election agent, whether that
event occurs before or during the election, or after the election but before the account of the
candidate’s election expenses has been lodged in accordance with the provisions of Section 86,
the candidate may appoint in the prescribed manner another person to be his election agent and
when such appointment is made notice of the appointment shall be given in the prescribed
manner to the returning officer.
61. Functions of election agents.— An election agent may perform such functions in
connection with the election as are authorised by or under this Act to be performed by an
election agent.
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.
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.
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 prescribed manner,
another polling agent at any time before the poll is closed and shall forthwith give notice of such
appointment, in the prescribed manner, to such officer as may be prescribed. ’’
(2) Any revocation of the appointment of a counting agent shall be signed by the
candidate or his election agent and shall operate from the date on which it is lodged with the
returning officer, and in the event of such a revocation or of the death of a counting agent before
the commencement of the counting of votes, the candidate or his election agent may appoint, in
the prescribed manner another counting agent at any time before the counting of votes is
commenced and shall forthwith give notice of such appointment in the prescribed manner, to the
returning officer. ’
65. Functions of polling agents and counting agents.— (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.
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.
(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.
67. Non-attendance of polling or counting agents.— 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. ’
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 poll, the returning officer shall, upon being satisfied
of the fact of the death of the candidate, countermand the poll and report the fact to the State
Election Commission and also to the Government and all proceedings with reference to the
election shall be commenced a new in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a person who was a
contesting candidate at the time of the countermanding of the poll:
Provided further that no person who has given a notice of withdrawal of his candidature
under sub-section (1) of Section 56 before the countermanding of the poll shall be 90[ineligible]
for being nominated as a candidate for the election after such countermanding.
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 elected.
(3) If there is no candidate, election proceedings shall be started afresh for filling up the
vacancy in all respects as if for a new election.
70. Fixing time for poll.— The 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 any one day for polling at an election in a
constituency shall not be less than eight hours between 7 a.m. and 5 p.m.
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 station or the returning officer presiding over such place, as the case may be, shall
announce an adjournment of the poll to a date to be notified later, and where the poll is so
adjourned by a presiding officer, he shall forthwith inform the returning officer concerned.
90. Substituted by Act 7 of 1995.
(2) Whenever a poll is adjourned under sub-section (1), the returning officer shall
immediately report the circumstances to the appropriate authority and the State Election
Commission, and shall, as soon as may be, with the previous approval of the State Election
Commission, appoint the day on which the poll shall recommence, and fix the polling station or
place at which, and the hours during which the poll will be taken, and shall not count the votes
cast at such election until such adjourned poll shall have been completed.
(3) In every such case as aforesaid, the returning officer shall notify in such manner as the
State Election Commission may direct, the date, place and hours of polling fixed under sub-
section (2).
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
intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result
of the poll at that polling station or place cannot be ascertained, or
1
[(aa) voting machine develops any mechanical failure during the course of recording
votes; or]
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at
a polling station or at a place fixed for the poll, the returning officer shall forthwith report the
matter to the State Election Commission.
(2) Thereupon the State Election Commission shall, after taking all material
circumstances into account, either—
(a) declare the poll at that polling station or place to be void, appoint a day and fix the
hours, for taking a fresh poll at that polling station or place and notify the day so appointed and
the hours so fixed in such manner as it may deem fit, or
(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any
way, affect the result of the election or that the error or irregularity in procedure 2[or the
mechanical failure developed in the voting machine] is not material, issue such directions to the
returning officer as it may deem proper for the further conduct and completion of the election.
(3) The provisions of this Act and of any rules or orders made thereunder shall apply to
every such fresh poll as they apply to the original poll.
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 that
polling station or place cannot be ascertained; or .
(b) booth-capturing takes place in any place for counting of votes in such a manner that
the result of the counting at that place cannot be ascertained, the returning officer shall forthwith
report the matter to the State Election Commission.
1. Clause (aa) inserted by Act 31 of 2005, w.e.f. 1-9-2000.
2. Inserted by Act 31 of 2005, w.e.f 1-9-2000.
(2) The State Election Commission shall, on receipt of a report from the returning officer
under sub-section (1) and after taking all material circumstances into account, either-
(a) declare that the poll at that polling station or place be void, appoint a day, and fix the
hours, for taking fresh poll at that polling station or place and notify the date so appointed and
hours so fixed in such manner as it may deem fit; or
(b) if satisfied that in view of the large number of polling stations or place involved in
booth-capturing , the result of the election is likely to be affected, or that booth-capturing had
affected counting of votes in such a manner as to affect the result of the election, countermand
the election in that constituency.
Explanation.— In this section, “booth-capturing” shall have the same meaning as in
Section 137.
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.
3
[74A. Using voting machine in elections.— Notwithstanding anything contained in
this Act or rules made thereunder, the system of giving and recording of votes by voting
machine, in such manner as may be prescribed, may be adopted in any elections as the State
Election Commission may fixed having regard to the circumstance of each locality.
Explanation.— For the purpose of this election “voting machine” means any electronic
machine or any other machine used for giving or recording of votes and it shall also be
construed that any reference as to ballot box or ballot paper in this Act or rules made
thereunder save as otherwise provided, shall include the reference to a voting machine which is
being used in any election].
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 ballot paper or ballot papers for the purpose of voting at a polling station
before delivery of such paper or papers to him;
(b) for prohibiting the delivery of any ballot paper to any person for voting at a polling
station if at the time such person applies for such paper he has already such a mark on his thumb
or any other finger.
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
disqualifications referred to in Section 17.
(3) No person shall vote at a general election in more than one constituency of the same
level, and if a person votes in more than one such constituency, his votes in all such
constituencies shall be void.
3. Section 74A inserted by Act 31 of 2005, w.e.f. 1-9-2000
(4) No person shall at any election vote in the same constituency more than once,
notwithstanding that his name may have been registered in the electoral roll for that constituency
more than once, and if he does so vote, all his votes in that constituency shall be void.
(5) No person shall vote at any election if he is confined in a prison whether under a
sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the
police:
Provided that nothing in this sub-section shall apply to a person subjected to preventive
detention under any law for the time being in force.
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.
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 place cannot be ascertained, the returning
officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon, the State Election Commission shall, after taking all material
circumstances into account, either—
(a) direct that the counting of votes shall be stopped, declare the poll at that polling
station or place to be void, appoint a day, and fix the hours, for taking a fresh poll at that polling
station or place and notify the date so appointed and hours so fixed in such manner as it may
deem fit, or
(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any
way, affect the result of the election, issue such directions to the returning officer as it may deem
proper for the resumption and completion of the counting and for the further conduct and
completion of the election in relation to which the votes have been counted.
(3) The provisions of this Act and of any rules or orders made thereunder shall apply to
every such fresh poll as they apply to the original poll.
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.
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.
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 elected candidate or candidates shall also be published on the notice board
of the Panchayat concerned/
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.
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 Section 49 or for which the time for
completion of the election has been extended under the provisions of Section 143, have been
declared by the returning officer under the provisions of Section 69 or, as the case may be,
Section 80, the names of the members elected for those constituencies and upon the publication
of such notification the members shall be deemed to be duly elected:
Provided that the publication of such notification shall not be deemed-
(a) to preclude-
(i) the taking of the poll and the completion of the election in any Panchayat constituency
or constituencies in which the poll could not be taken for any reason on the date originally fixed
under clause (e) of Section 49; or
(ii) the completion of the election in any Panchayat constituency or constituencies for
which time has been extended under the provisions of Section 143;
(b) to affect the duration of the Panchayat, if any, functioning immediately before the issue
of the said notification.
4
[83A. Cessation of membership.— (1) No person, shall be a member in more than one
level in a Panchayat and a person who is elected to more than one level in a Panchayat shall,
within fifteen days of his being so elected intimate to the State Election Commission, in writing,
information regarding the Panchayat in respect of which he wishes to be a member and the
Panchayat in respect of which he wishes to vacate his membership and on his failure in so
intimating, his membership in all the levels of the Panchayats to which he has been elected shall
be deemed to have ceased.
(2) As soon as the intimation in writing is received from a person under sub-section
(1) , the State Election Commission shall declare that he has by such intimation vacated his
membership in respect of all the Panchayats except the Panchayat in respect of which he has
intimated his wish to be a member.
(3) When a person being a member of a Panchayat at one level is also elected as member
at another Panchayat level unless, he resigns his membership of the Panchayat of which he is a
member within fifteen days from the date on which he is so elected, his membership in the
Panchayat to which he is so elected shall cease.
CHAPTER X
DISPUTES REGARDING ELECTION
120. Corrupt practices.— The following shall be deemed to be corrupt practices for the
purposes of this Act-
(1) “Bribery”, that is to say,-
(A) any gift, offer or promise by a candidate or his agent or by any other person with the
consent of a candidate or his election agent of any gratification, to any person whomsoever, with
the object, directly or indirectly of inducing-
(a) a person to stand or not to stand as, or to withdraw or not to withdraw from being a
candidate at an election, or
(b) an elector to vote or refrain from voting at an election, or as a reward to-
(j) a person for having so stood or not stood, or for having withdrawn or not having
withdrawn his candidature; or
(ii) an elector for having voted or refrained from voting;
(B) the receipt of, or agreement to receive, any gratification, whether as a motive or a
reward-
(a) by a person for standing or not standing as, or for withdrawing or not withdrawing
from being, a candidate; or
(b) by any person whomsoever for himself or any other person for voting or refraining
from voting, or inducing or attempting to induce any elector to vote or refrain from voting, or
any candidate to withdraw or not to withdraw his candidature.
Explanation.– For the purposes of this clause the term ‘gratification’ is not restricted
to pecuniary gratifications or gratifications estimable in money and it includes all forms of
entertainment and all forms of employment for reward but it does not include the payment of
any expenses bona fide incurred at, or for the purpose of, any election and duly entered in the
account of election expenses referred to in section 85.
(2) “Undue influence”, that is to say, any direct or indirect interference or attempt to
interfere on the part of the candidate or his agent, or of any other person with the consent of the
candidate or his election agent; with the free exercise of any electoral right:
Provided that-
(a) without prejudice to the generality of the provisions of this clause any such person as is
referred to therein who—
(i) threatens any candidate or any elector, or any person in whom a candidate or an elector
is interested, with injury of any kind including social ostracism and ex-communication or
expulsion from any caste or community, or
(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person
in whom he is interested, will become or will be rendered an object of divine displeasure or
spiritual censure, shall be deemed to interfere with the free exercise of the electoral right of such
candidate or elector within the meaning of this clause;
(b) a declaration of public policy; or a promise of public action, or the mere exercise of a
legal right without intent to interfere with an electoral right shall not be deemed to be
interference within the meaning of this clause.
(3) The appeal by a candidate or his agent or by any other person with the consent
of a candidate or his election agent to vote or refrain from voting for any person on the
ground of his religion, race, caste, community or language or the use of, or appeal to religious
symbols or the use of, or appeal to national symbols such as the national flag or the national
emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially
affecting the election of any candidate:
Provided that no symbol allotted under any rules made under this Act to a candidate shall
be deemed to be a religious symbol or a national symbol for the purposes of this clause.
(4) The promotion of, or attempt to promote, feelings of enmity or hatred between
different classes of the citizens of India on grounds of religion, race, caste, community, or
language, by a candidate or his agent or any other person with the consent of a candidate or his
election agent for the furtherance of the prospects of the election of that candidate or for
prejudicially affecting the election of any candidate.
(5) The publication by a candidate or his agent or by other person, with the consent of a
candidate or his election agent, of any statement of fact which is false, and which he either
believes to be false or does not believe to be true, in relation to the personal character or conduct
of any candidate, or in relation to the candidature, or withdrawal, of any candidate being a
statement reasonably calculated to prejudice the prospects of that candidate’s election.
(6) The hiring or procuring, whether on payment or otherwise, of any vehicle or vessel by
a candidate or his agent or by any other person with the consent of a candidate or his election
agent, or the use of such vehicle or vessel for the free conveyance of any elector (other than the
candidate himself, the members of his family or his agent) to or from any polling station
provided under section 45:
Provided that the hiring of a vehicle or vessel by an elector or by several electors as their
joint cost for the purpose of conveying him or them to and from any such polling station or place
fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or
vessel so hired is a vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport, vehicle or vessel or any tramcar or
railway carriage by any elector at his own cost for the purpose of going to or coming from any
such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under
this clause.
Explanation.–– In this clause, the expression ‘vehicle’ means any vehicle used or capable
of being used for the purpose of road transport, whether propelled by mechanical power or
otherwise and whether used for drawing other vehicles or otherwise.
(7) The incurring or authorising of expenditure in contravention of section 85.
(8) The obtaining or procuring or abetting or attempting to obtain or procure by a
candidate or his agent or, by any other person with the consent of a candidate or his election
agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that
candidate’s election, from any person in the service of a Panchayat or of Government and
belonging to any of the following classes, namely:-
(a) gazetted officers;
(b) members of the police forces;
(c) excise officers;
(d) revenue officers; and
(e) such other class of persons in the service of the Government as may be prescribed:
Provided that where any person, in the service of the Government and belonging to any of
the classes aforesaid, in the discharge or purported discharge of his official duty, makes any
arrangements or provides any facilities or does any other act or thing, for, to, or in relation to,
any candidate or his election agent or any other person acting with the consent of the candidate
or his election agent, (whether by reason of the office held by the candidate or for any other
reason), such arrangements, facilities or act or thing shall not be deemed to be assistance for the
furtherance of the prospects of that candidate’s election.
(9) Booth capturing by a candidate or his agent or other person acting with the consent of
the candidate or his election agent.
Explanation.–– 1. In this section the expression “agent” includes an election agent, a
polling agent and any person who is held to have acted as an agent in connection with the
election with the consent of the candidate.
Explanation.–– 2. For the purposes of clause (8), a person shall be deemed to
assist in the furtherance of the prospects of a candidate’s election if he acts as an election
agent of that candidate.
Explanation.–– 3.For the purposes of clause (8), notwithstanding anything contained in
any other law, the publication in the Gazette of the appointment, resignation, termination of
service, dismissal or removalal from service of a person in the service of the Government or of a
Panchayat shall be conclusive proof-
(i) of such appointment, resignation, termination of service, dismissal or removal from
service, as the case may be, and
(ii) where the date of taking effect of such appointment, resignation, termination of
service, dismissal or removal from service, as the case may be, is stated in such publication, also
of the fact that such person was appointed with effect from the said date, or in the ease of
resignation, termination of service, dismissal or removal from service, such person ceased to be
in such service with effect from the said date.
Explanation.–– 4. For the purposes of clause (9), “booth capturing” shall have the same
meaning as in section 137.
121. Promoting enmity between the classes in connection with election.—
Any person who in 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 extent to three years, or with fine which may extend to ten thousand rupees
or with both.
122. Prohibition of public meetings on the day preceding the election day and on the
election day.— (1) No person shall convene, hold or attend any public meeting within a
constituency during the period of forty-eight hours ending with the hour fixed for the conclusion
of the poll for an election in that constituency.
(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 which may extend to
one thousand rupees.
123. Disturbances at election meetings.— (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 three months or with fine which
may extend to one thousand rupees, or with both.
(2) 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 and the date on which such election is held.
(3) If any police officer reasonably suspects any person of committing an offence under
sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person
to declare to him immediately his name and address and, if that person refuses or fails so to
declare his name and address, or if the police officer reasonably suspects him of giving a false
name or address, the police officer may arrest him without warrant.
124. Restrictions on the printing of pamphlets, posters etc. (1) No person shall print or
publish, or cause to be printed or published any election pamphlet or poster which does not bear
on its 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
duplicate; and
(b) unless, within a reasonable time after the printing of the document, one copy of
the declaration is sent by the printer, together with one copy of the document printed to such
officer as may be authorised by the State Election Commission in this behalf.
(3) For the purposes of this section-
(a) any process for multiplying copies of a document, other than copying it by hand,
shall be deemed to be printing and the expression “printer” shall be construed accordingly; and
(b) “election pamphlet or poster” means any printed pamphlet, hand-bill or other
document distributed for the purpose of promoting or prejudicing the election of a candidate or
group of candidates or any placard or poster having reference to an election, but does not include
any hand-bill, placard or poster merely announcing the date, time, place and other particulars of
an election meeting or routine instructions to election agents or workers.
(4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2)
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.
125. Maintenance of secrecy of voting.— (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 six months or with fine or with both.
126. Officers, etc. at elections not to act for candidates or to influence voting.— (1)
No person who is a district election officer or a returning officer or an assistant returning officer
or a presiding or polling officer at an election or an officer or employee performing 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 of a candidate.
(2) No such person as aforesaid, and no member of a police force, shall endeavor-
(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 election, in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall
be punishable with imprisonment which may extend to three years or with fine or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
127. Prohibition of canvassing in or near polling stations.— (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 two 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
imprisonment for a term which may extend to three months or with fine which may extend to
one thousand rupees.
128. Penalty for disorderly conduct In or near polling stations.— (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 or amplifying or reproducing the
human voice such as a megaphone or a loud speaker, 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 neighborhood 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 person on duty at the polling station.
(2) Any person who contravenes, or willfully aids or abets the contravention of, the
provisions of sub-section (1) shall be punishable with imprisonment which may extend to three
months or with fine which may extend to five hundred rupees or with both.
(3) Any police officer may take such steps and use such force as may be reasonably
necessary for preventing any contravention of the provisions of sub-section (1), and may seize
any apparatus used for such contravention. ,
129. Penalty for misconduct at the polling station.— (1) Any person who during the
hours fixed for the poll at any polling station misconducts himself or fails to obey he 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 authorised 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 stat.cn 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 years or with fine which may extend to one
thousand rupees or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
130. Penalty for failure to observe procedure for voting.— 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.
131. Penalty for illegal hiring or procuring of conveyances at elections.— If
any person is guilty of any such corrupt practice as is specified in clause (6) of section 120
at or in connection with an election, he shall be punishable with fine which may extend to one
thousand rupees.
132. List of officers and staff of the Government Departments, Local Self
Government Institutions or other authorities 7[and educational institutions] to be
furnished.— (1) Every head of office or department 7[and headmasters of aided schools and
principals of private affiliated colleges] 7[including] [every head of] educational institutions of
the Government and every local self Government institution or other authority shall, on
requisition by the State Election Commission or an officer authorised by him, furnish to him a
list of officers and staff of such office 7[or educational institution] within such time as may be
specified in the requisition, for performing any duty in connection with an election to a
Panchayat.
Explanation.— For the purpose of this section and section 145, “other authority” means
any authority by whatever name called, constituted by the Government under any law or
established by or under any state enactment for the time being in force.
(2) If any person to whom a requisition under sub-section (1) is made by the State Election
Commission or an officer authorised by it fails to furnish the list of officers and staff within such
time as may be specified in such requisition, he shall be punishable with fine which may extend
to five hundred rupees.
133. Breaches of official duty in connection with elections.— (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) No suit or other legal proceedings shall lie against any such person for damages in
respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are the district election officers, returning
officers, assistant returning officers, presiding officers, polling officers 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.
Explanation.— The expression “official duty” shall for the purposes of this section be
construed accordingly, but shall not include duties imposed otherwise than by or under this Act.
134. Requisitioning of premises etc., for election purposes.— (1) If it appears to the
State Election Commission or the District Election Officer that in connection with an election to
a Panchayat-
(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 or vessel 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 the performance of any duties in connection with such election, the State
Election Commission or as the case may be, the District Election Officer may by order in
writing , requisition such premises or such vehicle or vessel, as the case may be and may make
such further orders as may appear to him to be necessary or expedient in connection with the
requisitioning in respect of matters including reasonable remuneration to be given therefor:
Provided that no vehicle or vessel which is being lawfully used by candidate or his agent
for any purpose connected with the election of such candidate shall be requisitioned under this
sub-section until the completion of the poll at such election.
(2) The requisition shall be effected by an order in writing addressed to the person deemed
by the State Election Commission or, as the case may be, the District Election Officer to be the
owner or person in possession of the property.
CHAPTER XII
STATE ELECTION COMMISSION
139. Powers of the State Election Commission.— (1) Where the State Election
Commission in deciding any question under sub-section (2) of section 34 or section 36 of this
Act considers it necessary or proper to make an inquiry, and the Commission is satisfied that on
the basis of the affidavits filed and the documents produced in such inquiry by the parties
concerned of their own accord, it cannot come to a decision in the matter which is being inquired
into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court,
while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908) in respect of
the following matters, namely :—
(a) summoning and enforcing the attendance of any person and examining him
on oath;
(b) requiring the discovery and production of any document or other material object
producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person including
Government officials subject to any privilege which may be claimed by that person under any
law for the time being in force, to furnish information on such points or matters as in the opinion
of the Commission may be useful for, or relevant to, the subject matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such offence, as is
described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal
Code (Central Act 45 of 1860), is committed in the view or presence of the Commission, the
Commission may after recording the facts constituting the offence and the statement of the
accused as provided for in the Code of Criminal Procedure, 1973, (Central Act 2 of 1974),
forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom
any such case is forwarded shall proceed to hear the complaint against the accused as if the case
had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding
within the meaning of section 193 and section 228 of the Indian Penal Code, 1860 (Central Act
45 of 1860).
140. Statements made by persons to the State Election Commission.— No statement
made by a person in the course of giving evidence before the State Election Commission shall
subject him to, or be used against him in, any civil or criminal proceeding except a prosecution
for giving false evidence by such statement:
Provided that the statement-
(a) is made in reply to a question which he is required by the State Election
Commission to answer, or
(b) is relevant to the subject matter of the inquiry.
141. Procedure to be followed by the State Election Commission.— The State
Election Commission shall have the power to regulate its own procedure, including the fixing of
places and times of its sittings and deciding whether to sit in public or in private.
142. Protection of action taken in good faith.— No suit, prosecution or other legal
proceeding shall lie against the State Election Commission or any person acting under the
direction of the Commission in respect of anything which is in good faith done or intended to be
done in pursuance of the foregoing provisions of this chapter or of any order made thereunder or
in respect of the tendering of any opinion by the Commission to the Governor or to the
Government or in respect of the publication, by or under the authority of the Commission of any
such opinion, paper or proceedings.
CHAPTER XIII
GENERAL PROVISIONS REGARDING ELECTIONS
143. Extension of time for completion of election.— It shall be competent for the State
Election Commission for reasons which it considers sufficient, to extend the time for the
completion of any election by making necessary amendments in the notification issued by it
under section 49.
144. Return or forfeiture of candidate’s deposit— (1) The deposit made under section
53 shall either be returned to the person making it or his legal representative or be forfeited to
the Panchayat concerned in accordance with the provisions of this section.
(2) Except in cases hereafter mentioned in this section, the deposit shall be returned within
three months after the result of the election is declared.
(3) If the candidate is not shown or his name is shown incorrectly in the list of contesting
candidates, or if he dies before the commencement of the poll, the deposit shall be returned to
him or to his heir as the case may be, as soon as practicable, after the publication of the list or
after his death, as the case may be.
(4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if, at an
election where a poll has been taken, the candidate is not elected and the number of valid votes
polled by him does not exceed one 10[sixth] of the total number of valid votes polled by all the
candidates.
145. Staff of every local authority to be made available.— Every department of the
Government and every Local Self Government Institution or 11[other authorities and every
educational institution including an aided school or private affiliated college] in the State shall
when so requested by the State Election Commission or the District Election Officer make
available-
(a) to the electoral registration officer, such staff as may be necessary for the performance
of any duties in connection with the preparation and revision of electoral rolls; or
(b) to any returning officer such staff as may be necessary for the performance of any
duties in connection with an election.
12
[145A. Grant of paid holiday to employees on the day of general election.— (1)
Every person engaged in work in any trade establishment or commercial establishment or
industrial establishment or in any other establishment in the private sector who is eligible to vote
in the Panchayat election shall be granted leave on the day of general election.
(2) The wages of any such person shall not be reduced or disallowed on account of the
leave granted under sub-section (1) even though such person is appointed on the basis that,
wages will not ordinarily be paid for such date, he shall be paid the wages that would have been
received by him on such date, had he not been granted leave for that day.
(3) This section shall not be applied where, the absence of the voter may be injurious or
causes substantial loss to the work in which he is engaged.]
146. Special provision for adoption of electoral roll of the Assembly
Constituency.— (1) Notwithstanding anything contained in this Act, the State Election
Commission may, if it deem necessary, prepare the electoral rolls of Panchayats without
conducting an enumeration by adopting the electoral rolls of the Assembly Constituencies as in
force for the purpose of elections under this Act.
(2) The electoral roll of Assembly Constituency as adopted under sub-section (1) shall be
divided into separate parts for each constituency of the Panchayats and all electors included in
the electoral roll for the Assembly Constituency relating thereto shall be incorporated in the
electoral roll of the Constituencies of the Panchayat concerned.
Explanation.— In this section “Assembly Constituency” means a constituency for the
purpose of election to the State Legislative Assembly.
(3) In preparing the electoral rolls under sub-section (1) the State Election Commission
shall mutatis mutandis follow the procedure laid down for the preparation of electoral rolls under
this Act and the rules made thereunder.
147. Jurisdiction of Civil Courts barred.— No civil court shall have jurisdiction-
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to
be registered in an electoral roll for a constituency; or
10. Substituted for “fifth” by Act 7 of 1995.
11. Substituted by Act 7 of 1995.
12. Section 145A inserted by the Act 31 of 2009, w.e.f. 7-10-2009.
(b) to entertain any question on the legality of any action taken by or under the authority
of an electoral registration officer, or of any decision given by any other person appointed under
this Act for the revision of any such roll;
(c) to entertain any question on the legality of any action taken or of any decision given by
the returning officer or by any other person appointed under this Act in connection with an
election.
148. Expenses in connection with elections.— Funds to meet all expenses in connection
with the elections to the Panchayats including those in relation to the preparation of electoral
rolls therefor, shall be provided by the Government at the first instance and such expenses shall
be got reimbursed to the Government from the Panchayats concerned in such manner as may be
prescribed:
Provided that if elections are conducted to different levels of the Panchayats ‘
simultaneously then the total expenses for election to such Panchayats shall be recovered only
proportionately from the panchayats concerned.
149. Term of office of members.— (1) The term of office of members of a village
Panchayat, a Block Panchayat or a District Panchayat shall be five years from the date
fixed for convening the first meeting of that Panchayat.
(2) Ordinary vacancies in the office of members of Panchayat at any level shall be filled
at general elections which shall be fixed by the Government to take place on such day or days
within three months before the occurrence of the vacancies as they think fit.
12A
[Provided that if the context so requires, general election may be conducted, within six
months before the occurrence of vacancies as required by the State Election Commission, so as
to facilitate conduct of general elections to different levels of Panchayats simultaneously,]
(3) A casual vacancy in the office of a member of Panchayat at any level shall be filled by
the State Election Commission, within #[six months] after the occurrence of the vacancy,
through a bye-election.
(4) No bye-election shall be held to fill a vacancy occurring within six months before the
ordinary date of retirement by efflux of time.
13
[(4a) A casual vacancy of a member of the Panchayat at any level shall be reported
directly by the Secretary concerned, to the State Election Commission within seven days of the
occurrence of such vacancy and the Secretary who defaults in reporting the vacancy to the
Commission within the said period without reasonable cause, shall be punishable with fine
which may extend to one thousand rupees and for this purpose the State Election Commission
shall have the power to initiate prosecution proceedings.]
(5) A member of a Panchayat at any level elected at a by-election shall enter upon office
forthwith, but shall hold office only so long as the member in whose place he is elected would
have been entitled to hold office if the vacancy had not occurred.
14. Substituted for the words “ an administrative committee or special officer on failure to elect members of Panchayats” by Act
13 of 1999, w.e.f. 24-3-1999.
15. Sub-section (2) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution it read as under:
“(2) If the Government are satisfied that a Panchayat at any level cannot be constituted by reason of,-
(a) any difficulty in holding an election of the members of the Panchayat at any level; or
(b) failure to elect the majority of the members; or
(c) any other sufficient reason whatsoever, the Government shall by notification either-
(i) appoint an Administrative Committee consisting of at least three members and a President [and Vice-President]
thereof; or
(ii) appoint a Special Officer” .
16. Omitted by Act 13 of 1999, w.e.f. 24-3-1999.
17. Sub-section (3a) omitted by Act 13 of 1999, w.e.f. 24-3-1999.
18. Sub-section (4) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution if read as under: “(4) On the
appointment of an Administrative Committee or the Special Officer under sub-section (2), all powers functions and duties of
the Panchayat concerned and of the President and the Vice-President shall be exercised and performed by such
Administrative Committee and its President Vice President respectively or by the Special Officer, as the case may be.”
19
[Provided that the term of office of the Special Officer or of the Administrative
Committee shall, notwithstanding that the term as specified in the notification under sub-section
(2) has not expired, be deemed to have expired with effect from the date of reconstitution of the
Panchayat.]
CHAPTER XIV
PROVISION RELATING TO MEMBERS AND PRESIDENT OF PANCHAYATS
20
[152. Oath or affirmation by members.— (1) After every General Election, the
Government shall, for convening the first meeting of the Panchayat, nominate a person elected
as a member of the Panchayat and he shall, before convening such meeting, make and subscribe
an oath or affirmation in the form set out for the purpose in the second schedule before the
Government officer nominated by the Government for the purpose:
Provided that, as far as possible, the member nominated by the Government shall be the
eldest among the members elected to that Panchayat.
(2) All other members shall, before assuming office make and subscribe an oath or
affirmation in the form set out for the purpose in the second schedule before the member of the
Panchayat who has been nominated under sub-section (1) on a date specified by the Government
and before the date fixed by the State Election Commission for the election of the President
under sub-section (5) of Section 153.]
(3) A member who could not take an oath or affirmation under sub-section (2) or a
member elected in a bye-election, may take such oath before the President.
(4) No elected member who has not taken an oath or affirmation under sub-section
(1) or sub-section (2) or sub-section (3) shall vote or take part in the proceedings of any
meeting of the panchayat in which he is a member nor shall he be included as a member of any
committee constituted by that Panchayat.
(5) 21
[State Election Commission] may declare the office of the member as vacated on his
own motion, when such a member has not entered upon his office without sufficient cause by
taking oath or affirmation within a maximum period of thirty days from the date he was declared
as elected.
19. Proviso substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution the proviso read as under: "Provided
that if at any time after the appointment of the Administrative Committee or the Special Officer under sub-section (2)
the Government are satisfied that there is no difficulty in duly constituting the Panchayat by election of members, the
Government may, notwithstanding that the term of office for which the members of the Administrative Committee or
the Special Officer had been appointed has not expired, direct by notification, that the members of the Administrative
Committee or the Special Officer, as the case may be, shall cease to hold office with effect from such date as may be
specified in such notification."
20. Sub-sections (1) & (2) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-sections (1). & (2)
read as under:
"152. Oath or affirmation by members.— (1) The Government shall, for the purpose of convening the first meeting of a
village panchayat, a block panchayat or a district panchayat, nominate an elected member of the panchayat concerned
who shall, before convening such meeting , make and subscribe before an officer nominated by the Government an oath
or affirmation in the Form set out for the purpose in the Second Schedule. (2) Every other elected member shall, before
taking his seat, make and subscribe before the member nominated under sub-section (1) an oath or affirmation in the
Form set out for the purpose in the Second Schedule."
21. Substituted for “Government” by Act 31 of 2005, w.e.f. 24-8-2005.
153. Election of President and Vice-President.— (1) In every Panchayat there shall be
a President and a Vice-President elected from among the elected members of that Panchayat in
accordance with the provisions of this Act “[and the president shall be full-time functionary of
the Panchayat.]
(2) On the constitution of a Panchayat or on its reconstitution under any provision of this
Act, there shall be called a meeting 23[by the Returning officer referred to in sub-section (6)] for
the election of its President and Vice-President from among the elected members of that
Panchayat.
(3) (a) The offices of President of Village Panchayats, Block Panchayats and District
Panchayats in the State shall be reserved by the Government for the Scheduled Castes and the
Scheduled Tribes and the number of the offices of President reserved for Scheduled Castes and
the Scheduled Tribes in the Panchayats at each level In the State shall bear, as nearly as may be,
the same proportion to the total number of offices of President at each level as the population of
the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total
population of the State;
(b) (i) 24[Fifty per cent (in the case of a fraction, it shall be fixed to the next higher
integer)] each of the total number of offices of President of Village Panchayats, Block
Panchayats and District Panchayats in the State reserved under clause (a); and
(ii) 25[Fifty per cent (in the case of a fraction, it shall be fixed to the next higher integer)]
each of the total number of offices of President of Village Panchayats, Block Panchayats and
District Panchayats in the State, not so reserved, shall be reserved by the Government, for
women.
26
[(4)(a) The offices of the President reserved under sub-section (3) shall be allotted to
every level of the Panchayat in the different districts by the State Election Commission by
notification in the Gazette.]
(b) In the case of Block Panchayats and Village Panchayats the reserved seats for the
Scheduled Castes and Scheduled Tribes shall be allotted proportionate to their population in the
respective districts.
(c) In the case of Village Panchayat, the reserved seats in each district shall be distributed
among the Village Panchayats within the area of the various Block Panchayats in the district.
(d) Before issuing notification for General election, the 27[State Election Commission
shall allot bv rotation the reserved seats under clause (a), (b) and (c) and the rotation shall start
from the Panchayat in which the scheduled castes, or the scheduledtribesor women have the
largest percentage of population and then passed on to the next Panchayat having their largest
percentage of population and so on;
28. Clause (e) & (f) Inserted by the Act 31 of 2009, w.e.f. 7-10 ZUU9.
29. Sub-Section (4a) inserted by the Act 31 of 2009, w.e.f. 7-10-2009.
30. Sub-section (7A) added by Act 11 of 1999, w.e.f. 2-10-1998.
(8) A member who. has not entered upon his office after making and subscribing an
affirmation or oath under section 152 shall not have the right to vote for electing the President or
Vice-President.
(9) If at an election held under sub-section (2), no President or Vice-President is elected
a fresh election shall be held for electing the President or Vice-President, as the case may be.
(10) The result of the election of the President and the Vice-President of Panchayats shall
be published by the State Election Commission in such manner as may be prescribed.
(11) A President shall be deemed to have vacated his office on the expiry of his term of
office as member or on his being sentenced by a criminal court for imprisonment for any offence
involving moral delinquency or on his otherwise ceasing to be a member of that Panchayat.
(12) A Vice-President shall be deemed to have vacated his office-
(a) on the expiry of his term of office as member or on his being sentenced by a
criminal court for imprisonment for any offence involving moral delinquency or on his otherwise
ceasing to be a member; or
(b) on his election as President.
(13) Before entering upon the offices, an oath or affirmation in the Form set out in the
Second Schedule shall be made and subscribed by the President of a Panchayat at any level
before the officer authorised by the Government in this behalf and by the Vice-President before
the President.
31
[(13a) The State Election Commission may declare the office of the president or vice-
president, as the case may be, as vacated on his own motion where the person has not entered
upon his office without sufficient cause by taking oath or affirmation within a period of fifteen
days from the date he was declared as elected as president or Vice-President of a panchayath of
any level].
(14) Where a dispute arises as to the validity of an election of President or Vice-President
of a Panchayat, any member of that Panchayat may file a petition,-
(a) in the case of Village Panchayat, before the Munsiff Court having jurisdiction over the
area in which its headquarters is situated;
(b) in the case of Block Panchayat or District Panchayat, before the District Court having
jurisdiction over the area in which its headquarters is situated, for decision and such decision
shall be final.
32
(14a) The validity of the election of the President or the Vice-President of a Panchayat
shall not be called in question for the reason of any vacancy in the place of the members or who
shall elect President or Vice-President for the reason of the absence of any member.]
(15) Every petition 33[referred to in sub-section (14)] shall be disposed of in accordance
with the procedure laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) while
trying a suit.
44. Sub-section (12) substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution sub-section (12) read as under:
“(12) If the motion is carried with the support of more than one-half of the [ sanctioned strength of that panchayat], the
Government shall, by notification in the Gazette, remove thePresident, Vice-President or the Chairman of the Standing
Committee, as the case may be:
Provided that after a no-confidence motion is so passed the President or Vice-President or the Chairman of the Standing
Committee shall have the right to resign himself within 48 hours and if he has not vacated by tendering resignation within
the said time he may be removed by a notification under sub-section (12).
Provided further that the President, or Vice-President or the Chairman of the Standing Committee shall not exercise any
official duty in such capacity in the intervening period between passing of the motion and issuing of Gazette notification.”
45. The words “or Chairman of a Standing Committee” omitted by Act 13 of 1999, w.e.f. 24-3-1999.
46. The words “or Chairman of a Standing Committee” omitted by Act 13 of 1999, w.e.f. 24-3-1999.
47. Inserted by Act 13 of 1999, w.e.f. 24-3-1999.
48. Proviso omitted by Act 13 of 1999, w.e.f. 24-3-1999. The omitted proviso read as under:
“Provided that the Secretary may with the approval of the President, for reasons to be given in writing , refuse such access.”
49. Inserted by Act 13 of 1999, w.e.f. 24-3-1999.
50
[159. Panchayat members, to submit statements regarding Assets.— (1) A member
of the Panchayat shall, within **[thirty months] from the date of assuming his office, file a
statement of assets and liabilities of himself and of the members of his family, in the form
prescribed before the competent authority authorised in this behalf by the Government by
notification in the Gazette:
Provided that, a person who is a member of the Panchayat at the commencement of this
Act shall submit such a statement to the competent authority, before the date specified by the
Government in this behalf.
(2) Where a member of the Panchayat who filed a statement under sub-section (1)
acquires any asset in the name of himself or other members of his family or disposes or creates
any liability thereafter on the assets specified in the statement he shall file a statement in this
regard to the competent authority within three months from the date of such acquisition or
disposal or creation of liability, as the case may be.
(3) Any member of the Panchayat who makes a statement under sub-section (1) or sub-
section (2) which is false and which he knows or believes to be false or does not believe to be
true shall be liable to be proceeded against in accordance with law, for filing such false
statement.
(4) Where a member of the Panchayat fails to file such a statement to the competent
authority within the date specified under sub-section (1) and sub-section (2), action may be
taken to disqualify him from continuing as member of the Panchayat under Section 35.
Explanation 1.— For the purpose of this section “family” of a member of the Panchayat
means, wife or husband of that member and his parents, unmarried sisters and children who are
dependent on him.
Explanation 2.— For the purpose of this section “asset” means all immovable properties
and movable properties worth not less than Rupees ten thousand.]
50. Section 159 substituted by Act 13 of 1999, w.e.f. 24-3-1999. Prior to the substitution section 159 read as under: “159.
Removal of President, Vice-President, Chairman of the Standing Committee or member from office.— (1) The
Government may remove from office any member of a Panchayat, the President, Vice-President or, as the case may be, the
Chairman of a Standing Committee, after conducting such enquiry as the Government deems fit and on the
recommendation of an impartial authority, if such member, President, Vice-President or, as the case may be, the Chairman
of the Standing Committee makes persistent default in the performance of his duties and functions under this Act and the
rules or lawful orders made thereunder or has become incapable of performing his duties and functions under this Act and
the rulesmade thereunder 2[or has been convicted by a competent court for an offence involving misconduct.] The
President, Vice-President, Chairman of the Standing Committee, or as the case may be, the member, being so removed may
at the discretion of the Government also be removed from the membership of the Panchayat concerned on the
recommendation of such authority:
Provided that before removing any person from membership under this sub-section he may be given an opportunity of
being heard. .
(2) The Government, may, after following the procedure laid down in sub-section (1), disqualify for a period not exceeding
five years any person who has resigned his office as a member, President, Vice-President, or Chairman of a Standing
Committee, or who has otherwise ceased to hold any such office and has been guilty of misconduct specified in
sub-section (1):
Provided that an action under this sub-section shall be taken within six months from the date on which the person resigns or
ceases to hold any such office.”
** Substituted for the words “fifteen months” by Ordinance 35/2018 dated 26.04.2018 w.e.f. 12-11-2015.
160.51 [Honorarium] to members of Panchayats and other perquisites of the
President of District Panchayats.— (1) There shall be paid 52[honorarium] at such rate as may
be prescribed to the President, the Vice-President and other elected members of Panchayat.
(2) The President of a District Panchayat shall be entitled without payment of rent, to the
use of a house at the headquarters of the District Panchayat throughout his term of office and for
a period of fifteen days immediately thereafter or in lieu thereof to a house rent allowance as
may be prescribed.
(3) The District Panchayat shall provide suitable conveyance for the use of the President
of the District Panchayat throughout his term of office and for a period of fifteen days
immediately thereafter.
(4) The President and the Vice-President of a Panchayat at any level shall be entitled,
while touring on public business, to travelling and daily allowances at such rates as
53
[prescribed].
(5) Every member of a Panchayat other than the President of a District Panchayat shall be
entitled to receive travelling and daily allowances at such rates as 53[prescribed] for attending the
meetings of the Panchayat or of any committee thereof.
CHAPTER XV
MEETINGS, POWERS, FUNCTIONS,
DUTIES AND PROPERTY OF PANCHAYATS
161. Meetings of Panchayats.— (1) The meetings of a Panchayat at any level shall be
held at such intervals, as may be prescribed:
Provided that the interval between two meetings shall not exceed one month.
54
[(la) If a notice in writing is given to the President by not less than one-third of the
members of members notified by Government under sub-section (1) of Section 6, specifying the
purpose for which the meeting is to be convened, he shall convene, a special meeting of the
Panchayat for considering that matter.]
(2) Every meeting of a Panchayat shall be presided over by its President or, in his absence,
by its Vice-President or, in the absence of both, by a member chosen by the members present at
the meeting to preside over the occasion.
(3) The person presiding shall preserve order at the meeting and decide all points of order
arising at or in connection with meetings. There shall be no discussion on any point of order and
the decision of the person presiding on any point of order shall be final.
51. Substituted for the words “Salary and allowances” by Act 7 of 1996, w.e.f. 1-10-1995. Previously it was substituted by Act
7 of 1995.
52. Substituted for the words “salary and allowance” by Act 7 of 1996, w.e.f. 1-10-1995. Previously It was substituted by Act 7
of 1995.
53. Substituted by Act 7 of 1995.
54. Sub-section (1a) inserted by Act 13 of 1999, w.e.f. 24-3-1999.
(4) Save as provided in this Act, the time and place of a meeting of a Panchayat, the
quorum of such meeting, the procedure for calling such meeting and the procedure at such
meeting shall be such as may be prescribed.
(5) The rules referred to in sub-section (4) may provide for preventing any member or
President or any member or Chairman of a Committee from voting on, or taking part in the
discussion, of any matter in which apart from its general application to the public he has any
direct or indirect pecuniary interest, whether by himself or through some other person, or from
being present or presiding at any meeting of the Panchayat or of the committee during the
discussion of any such matter.
(6) All questions before a meeting of a Panchayat shall be decided by a majority of votes
of the members present and unless otherwise provided in this Act, the person presiding the
meeting shall have a casting vote 55[also] in all cases of equality of votes.
(7) No resolution of a Panchayat shall be modified, varied or cancelled by that Panchayat
within a period of three months from the date of passing thereof, except by a resolution
supported by two-thirds of the whole number of members of such Panchayat.
56
[(8) Any member, who was present at a meeting of the Panchayat shall have the right to
give the Secretary a note of dissent regarding a resolution passed by the Panchayat if has voted
against such resolution within forty-eight hours of the conclusion of the meeting.
(9) The Secretary shall forward copy of the minutes of every meeting of the Panchayat and
the Copy of the note of dissent if any, received under sub-section (8) to the Government or to the
officer authorised by Government in this behalf, within ten days after the date of the meeting.]
57
[162. Standing Committees.— (I) In every Panchayats standing committees as stated
below shall be constituted namely:—
(a) In a Village Panchayat (1) Standing Committee for finance
(2) Standing Committee for development
(3) Standing Committee for Welfare
58
[(4) Standing Committee for Health and
Education]
(b) In a Block Panchayat (1) Standing Committee for Finance
(2) Standing Committee for Development
(3) Standing Committee for Welfare
59
[(4) Standing Committee for Health and
Education]
65. Clause (iii) substituted by Act 31 of 2009 wef 7-10-2009. Prior to the substitution it read as under:
“(iii) The Standing Committee for welfare shall deal with the subjects of development of scheduled caste- scheduled tribe,
development of women and children, social welfare, social security, slum improvements, poverty alleviation, public
distribution system, public health sanitation, Education, Art and Culture and entertainment,
61H
[water supply (drinking water)], sewerage and environment;”
## Substituted for “water supply” by Act 31 of 2005, w.e.f. 24-8-2005.
66. Clause (iii) substituted by Act 31 of 2009. w.e.f. 7-10-2009. Prior to the substitution it read as under:
“(iii) Standing Committee for welfare shall deal with the subjects like development of scheduled caste-scheduled tribe,
development of women and children social welfare, poverty-alleviation, public health, education, art culture and
entertainment and environment;”
67. Inserted by Act 31 of 2005, w.e.f. 24-8-2005.
(iii) The Standing Committee for public works shall deal with the subjects like public
works, housing, spatial planning and environment;
(iv) The Standing Committee for Health and Education shall deal with subjects like public
health and education;
(v) The Standing Committee for welfare shall deal with subjects like social welfare,
development of women and children and development of scheduled caste- scheduled
tribe,68[eradication of poverty].
(2) The standing committees of the Panchayat may perform such other powers and
functions of the Panchayat as may be entrusted to it by the Panchayat in addition to the powers
and duties conferred on it by rules made in this behalf.
(3) Every resolution passed by the Standing Committee shall be placed before the
Panchayat in its next meeting and the Panchayat shall have power to modify such resolution if
considered necessary.
(4) Where any of the Standing Committees cannot function effectively by reason of the
resignation of the majority of its members or for any other reason, powers and functions of such
Standing Committee shall be vested in the steering committee constituted under section 162 B
till its re-constitution.
(5) The ex officio Secretaries referred to in sub-section (11) of Section 179 shall attend the
meetings of the respective Standing Committee and render necessary assistance to the committee
in the discharge of its functions.
162B. Steering Committee.— (1) There shall be a steering committee in every Panchayat
consisting of its President, Vice-President and the Chairman of Standing Committees and the
President shall be the Chairman of the said committee.
(2) The steering committee shall co-ordinate and monitor the functions of the standing
committees and shall perform such other powers and functions as may be entrusted to it by the
Panchayat:]
163. Constitution of Functional Committees.— (1) Every Panchayat may subject to
such rules as may be made in this behalf, constitute Functional Committees for different subjects
like agriculture, sanitation, communication, public health and education, consisting of members
of Panchayat and others who are interested in public welfare and who are nominated by the
Panchayat.
69
[Provided that members nominated by the Panchayat shall not have any right to vote]
(2) The powers and functions of the Functional Committees shall be such as may be
prescribed in this behalf.
164. Sub-Committees and Ward Committees.— (1) Every Panchayat may constitute
sub-committees to assist the Standing Committee or Functional Committees for the execution of
any work, scheme, project or plan, which may consist of members of the Panchayat and others
interested in public welfare who may be nominated by the Panchayat.
68. Inserted by Act 31 of 2005, w.e.f. 24-8-2005.
69. Proviso added by Act 13 of 1999, w.e.f. 24-3-1999.
70
[Provided that the nominated members shall have no right to vote.]
71
[(1a) If not less than fifty persons enrolled in the voters list relating to a constituency of
Village Panchayat belongs to Scheduled Tribe, they shall be deemed to be a Sub-committee of
the Grama Sabha comprised in the territorial area of that Constituency and that sub-committee
shall have the same powers and rights as that of the Grama Sabha regarding the development of
Scheduled Tribe.]
(2) The Village Panchayat may constitute Ward Committee for each constituency with the
member of the constituency concerned and other local inhabitants who may be nominated by the
Village Panchayat to study and report on the needs of the constituency.
(3) The composition, term, procedure, nature of functions of the committees constituted
under sub-section (1) and sub-section (2) shall be as laid down in the bye- laws of the Panchayat
concerned.
72
[165. Constitution of Joint Committee.— (1) A Panchayat may, along with one or
more local self government institutions constitute a Joint Committee for any purpose for which
they are jointly responsible, if the Panchayat so decided or the Government so requires.]
(2) The constitution, powers and procedure of a joint committee and the method of settling
differences of opinion arising in the committee shall be such as may be prescribed.
166. Powers, duties and functions of Village Panchayat.— (1) 73[x x] It shall be duty of
the Village Panchayat to meet the requirements of the Village Panchayat area in respect of the
matters enumerated in the Third Schedule:
74
[Provided that it shall be the duty of the Village Panchayat to render services to the
inhabitants of the Village Panchayat area in respect of the matters enumerated as mandatory
functions in the Third Schedule.]
(2) Subject to the other provisions of this Act and the guidelines and assistance financial,
technical or otherwise, of the Government, the Village Panchayat shall have exclusive power to
administer the matters enumerated in the Third Schedule 75[and to prepare and implement
schemes relating thereto for economic development and social justice.]
(3) Village Panchayat shall also have powers to enhance employment facilities and to
undertake developmental activities and to start manpower banks, under the leadership of the
Village Panchayats.
76
[Explanation.— Man power Bank means a bank having the known details of skilled and
unskilled persons who are willing to render service on requirement and the Village Panchayat
shall maintain a register for the purpose and it shall contain other details as prescribed.]
SECOND SCHEDULE
[See Sections 152(1) and 153(13)]
FORM OF OATH OR AFFIRMATION