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Telangana State Election Commission Telangana State Election Commission MANUAL OF ELECTION LAW (Panchayat Raj Bodies) Issued by TELANGANA STATE ELECTION COMMISSION, 1st Floor, DTCP Building, AC Guards, Hyderabad – 500004 i FOREWORD The law relating to conduct of elections to Panchayath Raj Bodies, has its basis in Indian Constitution and elaborated in various provisions contained in the Telangana Panchayath Raj Act, 2018 and Rules issued thereunder. Apart from that, there are also certain orders issued by the State Election Commission under Article 243 K of the Constitution of India governing the conduct of elections to Panchayath Raj Bodies. Experience in the last four ordinary elections has shown that manual containing all the relevant provisions of Law and Rules serves as a valuable reference material for the Officers and Staff involved in the elections. The enactment of the new Telangana Panchayath Raj Act, 2018 and the issuance of new rules there under relating to the conduct of direct and indirect elections made it necessary to prepare and publish this Manual by the State Election Commission. The matters of delimitation and reservations are not included as the same fall in the domain of State Government. In view of the above, a Manual of Election Law for Panchayath Raj Bodies is prepared with the provisions of related Acts & Rules governing the elections. The Model Code of Conduct for local body elections issued by the State Election Commission in exercise of its plenary powers under Article 243K of the Constitution of India is also incorporated in this manual for reference. It is hoped that this Manual will be useful to the officers and the staff involved in the elections for Panchayath Raj Bodies. Sd/- V. NAGI REDDY STATE ELECTION COMMISSIONER i HAND BOOK OF ELECTION LAW I N D E X PART – I Sl.No Page C O N T E N T S No. 1 Extracts from Constitution of India. 1 - 10 2 The Provisions of the Panchayats (Extension to the Scheduled Areas) 11 – 14 Act, 1996 (Central Act 40 of 1996). 3 Extract of Section 8 of the Representation of the People Act, 1951. 15 – 16 4 Chapter-IX A of Indian Penal Code, 1860. 17 – 20 5 Provisions relating to elections in Telangana Panchayat Raj Act, 2018. 21-111 6 Extract of Section 12 of the Telangana (Scheduled Castes, Scheduled 112 Tribes and Backward Classes) Regulation of issue of Community Certificates Act, 1993. 7 Extract of Prevention of Disfigurement of Public Places and Prohibition 113-120 of Obscene and Objectionable Posters and Advertisements Act, 1997 ii Part – II Rules relating to Conduct of Elections Sl.No C O N T E N T S Page Nos. Rules – Telangana Panchayat Raj (Preparation and Publication of 1 Electoral Rolls) Rules, 2018 – Issued in G.O.Ms.No.26, PR & RD (PTS.III) Department, dated 19.05.2018. 121-125 Rules relating to the Telangana Panchayat Raj (conduct of elections of Members and Sarpanch of Gram Panchayats, Members of Mandal 2 Praja Parishads and Members of Zilla Praja Parishads) Rules, 2018 – Issued in G.O.Ms.No. 28, PR & RD (PTS.III) Department, dated 126-229 19.05.2018. Rules relating to conduct of Election of Member (Co-opted) and President / Vice-President of Mandal / Parishad and Member (Co- opted) and Chairperson and Vice-Chairperson of Zilla Praja Parishad 3 Rules, 2018 – Issued in G.O.Ms.No. 27, PR & RD (PTS.III) Department, dated 19.05.2018. 230-251 Rules – Rules relating to Telangana Panchayat Raj (Conduct of 4 Elections of Upa-Sarpanch of Gram Panchayat) Rules, 2018 - Issued in G.O.Ms.No. 25, PR & RD (PTS.III) Department, dated 19.05.2018. 252-257 Rules relating to Telangana Panchayat Raj (Authority and Manner to dispose election petitions in respect of Gram Panchayats, Mandal 5 Praja Parishads and Zilla Praja Parishads) Rules, 2018 – Issued in 258-264 G.O.Ms.No.4, Panchayat Raj and Rural Development (Pts.III) Department, dated: 29.01.2019 iii PART – III MISCELLANEOUS Sl. Page Contents No. Nos. 1 Form – ‘A’ in respect of Elections to MPTCs/ZPTCs 265-266 2 Form – ‘B’ in respect of Elections to MPTCs/ZPTCs 267-268 3 Form – ‘A’ in respect of Indirect Elections to MPPS/ZPPs 269-270 4 Form – ‘B’ in respect of Indirect Elections to MPPS/ZPPs 271-272 5 Whip Format (1) in respect of Indirect Elections to MPPs/ZPPs 273-274 6 Whip Format (2) in respect of Indirect Elections to MPPs/ZPPs 275-276 7 Whip Format (3) in respect of Indirect Elections to MPPs/ZPPs 277 8 Model Code of Conduct 278-285 G.O.Ms.No. 54, PR & RD (PTS.III) Dept, dated 03.07.2015 - General orders authorizing the District Collectors to declare 9 286-287 local holidays in the areas notified for election and other related issues whenever the Notification issued by the SEC. iv PART – I Sl.No. 1: EXTRACTS FROM CONSTITUTION OF INDIA I N D E X Article Content Page No. 40 Organisation of village Panchayats 2 243 Definitions 2 243A Gram Sabha 2 243B Constitution of Panchayats 2 243C Composition of Panchayats 3 243D Reservation of Seats 4-5 243E Duration of Panchayats etc. 5 243F Disqualifications of membership 5 243G Powers, authority and responsibilities of Panchayats 6 243H Powers to impose taxes by, and Funds of, the Panchayats 6 243I Constitution of Finance Commission to review financial position 6-7 243J Audit of accounts of Panchayats 7 243K Elections of the Panchayats 7 243L Application to Union territories 8 243M Part not to apply to certain areas 8 243N Continuance of existing laws and Panchayats 8-9 243O Bar to interference by Courts in electoral matters 9 1 EXTRACTS FROM CONSTITUTION OF INDIA PART - IV Article 40: Organisation of Village Panchayats: The State shall take steps to organise village Panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self-government. PART IX THE PANCHAYATS 243. Definitions:-In this Part, unless the context otherwise requires;- (a) “district” means a district in a State; (b) “Gram Sabha” means a body consisting of persons registered in the electoral rolls relating to a village comprised within the area of Panchayat at the village level; (c) ‘intermediate level” means a level between the village and district levels specified by the Governor of a State by public notification to be the intermediate level for the purposes of this Part; (d) “Panchayat” means an institution (by whatever name called) of self- government constituted under article 243B, for the rural areas; (e) “Panchayat area” means the territorial area of a Panchayat; (f) “population” means the population as ascertained at the last preceding census of which the relevant figures have been published; (g) “village” means a village specified by the Governor by public notification to be a village for the purposes of this Part and includes a group of villages so specified. 243 A. Gram Sabha:-A Gram Sabha may exercise such powers and perform such functions at the village level as the Legislature of a State may by law, provide. 243 B. Constitution of Panchayats:-(1) There shall be constituted in every State, Panchayats at the (1) village, (2) intermediate and (3) district levels in accordance with the provision of this Part. (2) Notwithstanding anything the clause (1), Panchayats at the intermediate level may not be constituted in a State having a population not exceeding twenty lakhs. 2 243 C. Composition of Panchayats:- (1) Subject to the provision of this Part, the Legislature of a State may, by law, make provisions with respect to the composition of Panchayats: 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. (2) All the seats in a Panchayat shall be filled by persons chosen by direct election from territorial constituencies in the Panchayat area and; for this purpose, each Panchayat area shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the Panchayat area. (3) The Legislature of a State may, by law, provide for the representation- (a) of the Chairpersons of the Panchayats at the village level, in the Panchayats at the intermediate level or, in the case of a State not having Panchayats at the intermediate level, in the Panchayats at the district level; (b) of the Chairpersons of the Panchayats at the intermediate level, in the Panchayats at the district level; (c) of the members of the House of the People and the members of the Legislative Assembly of the State representing constituencies which comprise wholly or partly a Panchayat area at a level other than the village level, in such Panchayat; (d) of the members of the Council of States and the members of the Legislative Council of the State, where they are registered as electors within- (i) a Panchayat area at the intermediate level, in Panchayat at the intermediate level; (ii) a Panchayat area at the district level, in Panchayat at the district level. (4) The Chairperson of a Panchayat and other members of a Panchayat whether or not chosen by direct election from territorial constituencies in the Panchayat area shall have the right to vote in the meetings of the Panchayats. (5) The Chairperson of— (a) a Panchayat at the village level shall be (a) elected in such manner as the Legislature of a State may, by law, provide; and (b) a Panchayat at the intermediate level or district level shall be elected by, and from amongst, the elected members thereof.
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