THE KERALA PANCHAYAT RAJ ACT & RULES l THE KERALA PANCHAYAT RAJ ACT 1994 l THE KERALA PANCHAYAT RAJ RULES l CONSTITUTION 73RD AMENDMENT ACT l GUIDELINES FOR THE PREPARATION OF TENTH FIVE- YEAR PLAN OF LOCAL GOVERNMENTS CD-ROM version prepared by KERALA INSTITUTE OF LOCAL ADMINISTRATION Mulagunnathu kavu, Thrissur-680581 CONTENTS Chapter 1 : Preliminary Chapter 2 : Grama Sabha Chapter 3 : Constitution of Panchayats at Different Levels Chapter 4 : Delimitation of Constituencies Chapter 5 : Officers and Staff of State Election Commission Chapter 6 : Preparation of Electoral Rolls Chapter 7 : Qualifications and Disqualifications Chapter 8 : Notification of General Elections and Administrative Machinery for the Conduct of Elections Chapter 9 : Conduct of Elections Chapter 10 : Disputes Regarding Election Chapter 11 : Corrupt Practices and Electoral Offences Chapter 12 : Staff Election Commission Chapter 13 : General Provisions Regarding Elections Chapter 14 : Provision Relating to Members and President of Panchayats Chapter 15 : Meetings, Powers, Functions, Duties and Property of Panchayats Chapter 16 : Officers and Employees of Panchayats Chapter 17 : Finance Commission and Its Powers Chapter 18 : Functions of the Government Chapter 19 : Finance and Taxation Chapter 20 : Public Safety, Convenience and Health Chapter 21 : Buildings Chapter 21A : General and miscellaneous Chapter 22 : Rules, Bye-Laws and Penalties for Their Breach Chapter 23 : Penalties Chapter 24 : Registration of Tutorial Institutions Chapter 25 : Registration of Private Hospitals and Paramedical Institutions Chapter 25A : Right to Information Chapter 25B : Ombudsman for Local Self Government Institutions Chapter 25C : Tribunal for Local Self Government Institutions Chapter 26 : Supplemental Provisions CHAPTER 1 PRELIMINARY Sections 1. Short tile, extend and commencement 2. Definitions CHAPTER II GRAMA SABHA Sections 3. Grama Sabha 3A. Powers, functions and rights of Grama Sabha 3B. Responsibilities of Grama Sabha CHAPTER III CONSTIUTION OF PANCHAYATS AT DIFFERENT LEVELS Sections 4. Power of the Government to constitute and specify the name and headquarters of panchayat. 5. Incorporation and administration of Panchayats 6. Strength of Panchayats 7. Composition of Village Panchayat 8. Composition of Block Panchayat 9. Composition of District Panchayat CHAPTER IV DELIMITATION OF CONSTITUENTS Sections 10. Division of Panchayats into constituents 10A Review of final orders by State Election Commission 11. Power to rectify printing mistakes etc. CHAPTER V OFFICERS AND STAFF OF STATE ELECTION COMMISSION Sections 12 Staff of State Election Commission 13 District Election Officers 14 Electoral Registration Officer 15 Assistant Electoral Registration Officer CHAPTER VI PREPARATION OF ELECTORAL ROLL Sections 16 Electoral roll for every constituency 17 Disqualifications for registration in an electoral roll 18 No person to be registered more than one constituency 19 No person to be registered more than once in any constituency 20 Conditions for registration 21 Meaning of ‘ordinarily resident’. 22 Preparation and revision of electoral rolls 23 Correction of entries in electoral rolls 24 Inclusion of names in electoral rolls 25 Appeals 26 Fee for applications and appeals 27 Making false declarations 28 Breach of official duty in connection with the preparation etc. of electoral rolls. CHAPTER VII QUALIFICATIONS AND DISQUALIFICATIONS Sections 29 Qualifications for membership of a Panchayat 30 Disqualification of officers and employees of Government, Local authorities etc. 31 Disqualification of persons convicted for certain offences 32 Disqualification on ground of corrupt practices 33 Disqualification for failure to lodge account of election expenses 34 Disqualification of candidates 35 Disqualification of members 35A Cessation of membership 36 Determination of subsequent disqualification of a member 37 Restoration of membership CHAPTER VIII NOTIFICATION OF GENERAL ELECTION AND ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS Sections 38 Notification for general election to Panchayats 39 Delegation of functions of State Election Commission 40 General duties of District Election Officers 40A Election observers 41 Returning Officers 42 Assistant Returning Officers 43 Returning Officer to include. Assistant Returning Officers performing the functions of the Returning Officer 44 General duty of the Returning Officers 45 Provision of polling stations 46 Appointment of Presiding Officers for polling stations 47 General duty of the Presiding Officer 48 Duties of a polling officer 48A Returning Officer, Presiding Officer etc. deemed to be on deputation to the Election Commission CHAPTER IX CONDUCT OF ELECTIONS Sections 49 Appointment of dates for nominations etc. 50 Public notice of election 51 Nomination of candidates for election 52 Presentation of nomination paper and requirements for a valid nomination 53 Deposits 54 Notice of nominations and the time and place for their scrutiny 55 Scrutiny of nominations 56 Withdrawal of candidature 57 Publication of list of contesting candidates 58 Election agents 59 Disqualification for being an election agent 60 Revocation of the appointment or death of an election agent 61 Functions of election agents 62 Appointment of polling agents 63 Appointment of counting agents 64 Revocation of the appointment or death of a polling agent or counting agent 65 Functions of polling agents and counting agents 66 Attendance of contesting candidate or his election agent at polling stations and performance by him of the functions of a polling agent or counting agent 67 Non-attendance of polling or counting agents 68 Death of candidate before poll 69 Procedure in contested and uncontested elections 70 Fixing time for poll 71 Adjournment of poll in emergencies 72 Fresh poll in the case of destruction, etc. of ballot boxes 73 Countermanding of election or adjournment of poll on the ground of booth capturing 74 Manner of voting at elections 75 Special procedure for preventing personation of electors 76 Right to vote 77 Counting of votes 78 Destruction, loss etc. of ballot papers at the time of counting 79 Equality of votes 80 Declaration of results 81 Report of the result 82 Date of election of candidate 83 Publication of results of general election to the panchayat 83A Cessation of membership 84 Bye-elections to fill casual vacancies 85 Account of election expenses and maximum there of 86 Lodging of account with the officer authorized by the State Election Commission CHAPTER X DISPUTES REGARDING ELECTIONS Sections 87 Election petitions 88 The Court competent to try election petitions 89 Presentation of petitions 90 Parties to the petition 91 Contents of petition 92 Relief that may be claimed by the petitioner 93 Trial of election petitions 94 Procedure before the Court 95 Documentary evidence 96 Secrecy of voting not to be infringed 97 Answering of criminating questions and certificate of indemnity 98 Expense of witnesses 99 Recrimination when seat claims 100 Decision of the Courts 101 Other order to be made by the Courts 102 Grounds for declaring election to be void 103 Grounds for which a candidate other than the returned candidate may be declared to have been elected 104 Procedure in case of an equality of vote 105 Communication of orders of the Court 106 Transmission of order to the appropriate authority etc. and its publication 107 Effect of orders of the Court 108 Withdrawal of election petitions 109 Procedure for withdrawal of election petition 110 Report of withdrawal by the Court to the State Election Commission 111 Abatement of election petitions 112 Abatement or substitution on death of respondent 113 Appeals 114 Procedure in appeal 115 Security for costs 116 Security for costs from a respondent 117 Costs 118 Payment of costs out of security deposits and return of such deposits 119 Execution of orders as to costs CHAPTER XI CORRUPT PRACTICES AND ELECTORAL OFFENCES Sections 120 Corrupt practices 121 Promoting enmity between the classes in connection with election 122 Prohibition of public meetings on the day preceding the election day and on the election day 123 Disturbances at election meeting 124 Restrictions on the printing of pamphlets, posters etc. 125 Maintenance of secrecy of voting 126 Officers etc. at elections not to act for candidates or to influence voting 127 Prohibition of canvassing in or near polling stations 128 Penalty for disorderly conduct in or near polling stations 129 Penalty for misconduct at the polling station 130 Penalty for failure to observe procedure for voting 131 Penalty for illegal hiring or procuring of conveyances at elections 132 List of officers and staff of the Government Departments, local self government/institutions or other authorities and educational institutions to be furnished 133 Breaches of official duty in connection with elections 134 Requisitioning of premises etc. for election purposes 135 Penalty for Government servants of a local self government institution for acting as election agent, polling agent or counting agent 136 Removal of ballot papers from polling station to be an offence 137 Offence of booth capturing 138 Other offences and penalties there for CHAPTER XII STATE ELECTION COMMISSION Sections 139 Powers of the State Election Commission 140 Statements made by persons to the State Election Commission 141 Procedure to be followed by the State Election Commission 142 Protection of action taken in good faith CHAPTER XIII GENERAL PROVISIONS REGARDING ELECTIONS Sections 143 Extension