The Goa Panchayat Raj Act, 1994

 
 
 
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GOVERNMENT OF GOA 
Law (Legal & Legislative Affairs) Department 
Notification 
7-15-94/LA 
The Goa Panchayat Raj Act, 1994 (Goa Act 14 of 1994) which has been passed by the 
Legislative Assembly of Goa on 25-5-1994 and assented to by the Governor of Goa on 
9-7-1994, is hereby published for general information of the public. 
P. V. Kadnekar, Joint Secretary (Law). 
Panaji, 13th July, 1994. 
———— 
The Goa Panchayat Raj Act, 1994 
(Goa Act No. 14 of 1994) [9-7-1994] 
AN 
ACT 
to replace the present enactment relating to Panchayats by a comprehensive legislation. 
Whereas it is expedient to replace the present enactment by a comprehensive  
enactment to establish a two-tier Panchayat Raj System in the State with elected bodies at 
village and district levels, in keeping with the Constitution Amendment relating to 
Panchayats for greater participation of the people and more effective implementation of 
rural development programmes. 
Be it enacted by the Legislative Assembly of the State of Goa in the Forty-fifth Year of 
the Republic of India as follows:— 
CHAPTER I 
Preliminary 
1. Short title and commencement. — (1) This Act may be called the Goa Panchayat 
Raj Act, 1994. 
(2) Section 245 shall be deemed to have  come into force with effect from 20 -4-94, 
while the remaining sections shall come into force on such date as the Government may, 
by notification in Official Gazette specify and different dates may be specified for 
different provisions of the Act. 
2. Definitions. — In this Act, unless the context otherwise requires, - 
1[(1) “alteration” means a structural change, such a removal of part of a building or a 
change to the structure of the building such as construction of roof with R.C.C. material;]; 
2[1-A] (1) “Backward classes” means such classes of citizens as may be notified by the 
Government from time to time as belonging to backward class; 
3[1-B] [“(1 -A) “Block Development Officer” means a person appointed as Block 
Development Officer by the Government;”] 
4[1-C] [“(1-B) “Ballot” means ballot papers prepared in accordance with the provisions of 
the Act or rules made thereunder and includes “Electronic Voting Machine”;] 
(2) “building” includes a house, outhouse, stable, privy, urinals, shed, hut, wall and  
any other structure whether of masonry, bricks, wood, metal or any other material, but 
 
 
 
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does not include a temporary structure erected on ceremonial or festive occasion or a tent; 
(3) “Sarpanch” means the Sarpanch of a Panchayat; 
(4) “Deputy Sarpanch” means the Deputy Sarpanch of a Panchayat; 
(5) “Adhyaksha” means the Adhyaksha of a Zilla Panchayat; 
(6) “Upadhyaksha” means the Upadhyaksha of a Zilla Panchayat; 
(7) “Collector” means the Collector of the district 5[and includes an Additional 
Collector;] 
(8) “Chief Executive Officer” means the Chief Executive Officer of a Zilla Panchayat 
6[and includes any other officer appointed by the Government in this behalf]; 
7[(8-A) “Deputy Director” means the person appointed as the Deputy Director of 
Panchayat by the Government;] 
8[(9) “Director” means the person appointed as the Director of Panchayats under this Act 
and includes an Additional Director;] 
(10) “district” means a revenue district; 
(11) “Government” means the Government of Goa; 
9[(11-A) “Gram Sevak” means the person appointed by the Director to perform the 
duties as Gram Sevak;] 
(12) “land” includes land which is built upon or covered with water; 
10[(12-A) “Member-Secretary” means a person appointed by the Government as 
Member-Secretary and includes a Block Development Officer;] 
(13) “notification” means a notification published in the Official Gazette; 
(14) “Panchayat” means a Village Panchayat established under section 3; 
(15) “erection or re-erection or enlargement” of any building includes,- 
(i) any material alteration or enlargement or in of any building; 
(ii) the conversion, by structural alteration into a place of human habitation of 
any building not originally meant or constructed for human habitation; 
(iii) the conversion of one or more places of human habitation into a greater 
number of such places; 
(iv) the conversion of two or more places of human habitation into a lesser 
number of such places; 
(v) such alteration of a building as would effect a change in the drainage or 
sanitary arrangements or materially affect its security; 
(vi) the addition of any rooms, buildings, houses or other structures to any 
building; 
(vii) the conversion, by any structural alteration into a place of religious worship 
or into a building not originally meant or constructed for such purposes; 
(viii) roofing or covering an open space between wall or buildings, in respe ct of 
the structure which is formed by roofing or covering such space; 
(ix) Conversion into a stall, shop, warehouse or godown or any building not 
originally constructed for use as such or vice versa; 
 
 
 
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(x) construction of a door in a wall adjoining any street or land not vested in the 
owner of the wall and opening in such street or land; 
(16) “factory” means besides a factory as defined in the Factories Act, 1948 (Central 
Act 13 of 1948), any premises including the precincts thereof wherein any industrial 
manufacturing or trade process is carried on with the aid of steam, water, oil, gas, 
electrical or any other form of power which is mechanically transmitted and is not 
generated by human or animal agency; 
11[(16A) “political party” means a political party as defined un der clause (f) of sub - 
section (1) of section 2 of the Representation of the People Act, 1951 (Central Act 43 of 
1951);] 
(17) “prescribed” means prescribed by rules framed under this Act; 
12[17-A] “Registered Structural Engineer means a Structural Engineer as defined in 
clause (129) of regulation 2 of the Goa Land Development and Building Construction 
Regulations,2010 Such Engineer shall be registered with the Town and Countru Planning 
Department under the said Regulations ;” 
(18) “Schedule” means a Schedule appended to this Act; 
(19) “Scheduled Castes and Scheduled Tribes” means such Scheduled Castes and 
Scheduled Tribes specified in respect of the State of Goa under the Constitution: 
(20) “Secretary” means the Secretary of the Panchayat: 
13[(20A) “Taluka Panchayat” means a Taluka Panchayat established under this Act;] 
14[(20-B) “Single dwelling unit” means independent housing unit with facility of  
living, cooking and sanitary requirements;. 
(21) “Zilla Panchayat” means a Zilla Panchayat established under this Act. 
CHAPTER II 
Gram Sabha — Constitution of Panchayats 
3. Declaration of Panchayat areas and establishment of Panchayats. — (1) After 
making such inquiry as may be necessary, the Government may, by notification, declare a 
local area, comprising of a village or a group of villages or any part or parts thereof, or a 
combination of any two or more of them to be a Panchayat area for the purposes of this 
Act and also specify its headquarters. 
(2) For every Panchayat area, there shall be a Panchayat as from such date as the 
Government may, by notification, appoint. 
(3) The Government may, at the request of the Panchayat concerned, or otherwise, and 
after previous publication of the proposal by notification, at any time,— 
(a) increase the area of any Panchayat area by including within such Panchayat area 
any village or group of villages; 
(b) diminish the area of any Panchayat area by excluding from such Panchayat area  
any village or group of villages; 
(c) alter the headquarters of any Panchayat area; 
(d) alter the name of any Panchayat area; or 
(e) declare that any area shall cease to be a Panchayat area. 
4. Gram Sabha.— As from the date appointed under section 3, all persons whose 
names are for the time being entered as electors in the electoral roll for a Panchayat shall 
 
 
 
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be deemed to constitute the Gram Sabha for that Panchayat. 
15[5. Meeting of Gram Sabha. — (1) There shall be four ordinary meetings of the 
Gram Sabha to be held on any Sunday of January, April, July and October of every year, 
to be convened by the Sarpanch. 
(2) There shall also be special meetings of the Gr am Sabha to be convened by the 
Sarpanch on 26th January, 15th August, 2nd October and 19th December, every year. 
(3) The meetings of the Gram Sabha shall be presided over by each Sarpanch and 
attended by the concerned Panchayat member. In the absence of the Sa rpanch, Deputy 
Sarpanch or ward member, the meeting may be presided over by any member chosen by 
the Gram Sabha. 
(4) In the event, the Sarpanch fails to convene the meeting of the Gram Sabha, as 
specified in sub -section (1) and (2), the meeting shall be conven ed by the Block 
Development Officer in the following month. 
(5) The Sarpanch shall, upon a reacquisition in writing by not less than one -tenth of 
number of members call an extraordinary meetings of the Gram Sabha, within thirty days 
from the receipt of such requisition. 
(6) One-tenth of the total number of members of the Gram Sabha shall form the 
quorum for the meeting. 
(7) When there is no quorum for any meeting after fifteen minutes from the appointed 
time, the meeting shall stand adjourned for half an hour and  when it re -assembles, no 
quorum shall be necessary to transact the business communicated to members in the 
agenda of the appointed meeting. 
(8) An officer nominated by the Block Development Officer shall attend the Gram 
Sabha meetings. 
6. Functions of Gram Sabha.— (1) The Sarpanch shall place before the Gram Sabha 
for its approval the following matters:- 
(a) the annual statement of accounts; 
(b) annual administration report; 
(c) budget estimates; 
(d) the development and other programmes of the work proposed for the current 
financial year; 
(e) the last audit report and the replies made thereto; 
(f) proposal for fresh taxation or enhanced taxation; 
(g) proposal for organising community service, voluntary labour or mobilization of the 
local people for any specific work included in any programme; 
(h) identification of the beneficiaries under various programmes of the Government; 
(i) determination of the priorities of the work to be under taken by the Panchayat; 
(j) utilisation certificate in respect of the developmental works undertaken by the 
Panchayat from the grants-in-aid or Panchayat funds. 
(2) The Gram Sabha shall constitute minimum two Supervisory Committees to 
supervise the Panchayat work and other activities. The Supervisory Committees shall 
submit its report to the Panchayat and also place a copy of thei r report in the meeting of 
the Gram Sabha for an appropriate decision. 
 
 
 
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(3) The Government shall constitute Vigilance Committees to oversee the quality of 
work, schemes and other activities for each Gram Panchayat. The terms and conditions of 
appointment of the  members of Vigilance Committees shall be such as may be  
prescribed. 
(4) The decision taken by the Gram Sabha shall be binding on the Panchayat provided 
it is not contrary to the rules and regulations framed  under this Act or any other law for 
the time being i n force and it shall be the duty of the Sarpanch to execute the same as 
early as possible. 
 
(5) Any person aggrieved by the decision of the Gram Sabha, may prefer an appeal to 
the Director within a period of thirty days from the date of such decision and the 
Director’s decision on such appeal shall be final. 
(6) The Director, after giving notice to the Panchayat and the public notice to be 
displayed on the notice board of the Panchayat and the Office of the Block Development 
Officer, may pass such order as he may deem fit and proper. 
(7) Any member of the Gram Sabha shall, have the right to obtain information relating 
to any developmental works undertaken by the Panchayat  as well as certified copies of 
the proceedings of the meeting of the Panchayat and Gram Sabha. 
(8) The Gram Sabha shall constitute two or more ward development committees. The 
power, functions and the manner of constitution of such committees, shall be such as may 
be prescribed. 
(9) A Gram Sabha shall carry out such other functions as the Government may, by 
general or special order, require.] 
7. Constitution of Panchayats.— (1) A Panchayat shall consist of, such number of 
members as the Government may, by order, determine, so far as may be in accordance 
with the following Table:- 
TABLE 
 
For a Panchayat with a population of Number of members Classification 
 
(1) 1500 or more but not more than 2000 5 D 
(2) more than 2000 but not more than 5000 7 C 
(3) more than 5000 but not more than 800 9 B 
(4) more than 8000 ... . 11 A 
 
(2) All the members of a panchayat shall be elected. 
(3) The 16[State Election Commisssion in consultaion with the Government,] shall 
divide each Panchayat area into wards the number of which shall be equal to the number 
of members determined in respect of such Panchayat under sub-section (1). 
(4) In eve ry Panchayat, seats shall be reserved for the Scheduled Castes and the 
Scheduled Tribes and the number of seats so reserved shall bear as nearly as may be, the 
same proportion to the total number of seats in the Panchayat as the population of the 
Scheduled Castes and the Scheduled Tribes in the Panchayat area bears to the total 
population of the Panchayat area: 
Provided that 17[State Election Commisssion in consultaion with the 
 
 
 
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Government,] may by notification reserve any seat reserved for Scheduled Castes and 
Scheduled Tribes for women belonging to the Scheduled Castes or as the case may be,  
the Scheduled Tribes: 
18[Provided further that the 19[State Election Commisssion in consultaion with the 
Government,] may, by order published in the Official Gazette, d irect any Panchayat to  
co-opt in such manner as may be prescribed, a person belonging to the Scheduled Caste, 
where there is a reasonable population of the Scheduled Caste but the reservation may not 
be made.] 
(5) The 20[State Election Commisssion in consultai on with the Government,] may, by 
notification reserve such number of seats in any Panchayat as may be considered 
necessary, taking into account the population of the backward classes in the Panchayat 
area, for persons belonging to the backward classes. 
(6) Not less than one third (including the number of seats reserved for women 
belonging to Scheduled Castes or Scheduled Tribes) of the total number of seats to be 
filled by direct election in every Panchayat shall be reserved for women: 
Provided that the seats reserved under sub-section (4), (5) and (6) shall be allotted 
by rotation to different wards in the panchayat area: 
Provided further that nothing contained in this section shall be deemed to prevent a 
woman or a person belonging to the Scheduled Castes and Scheduled Tribes or Backward 
Classes from contesting for elections to any non-reserved ward in such Panchayat. 
(7) Notwithstanding anything contained in sub-section (1) where two-thirds of the total 
number of members are required to be elected or have been ele cted, failure to elect the 
remaining members shall not affect the constitution of the Panchayat. 
(8) The Director shall publish, in the prescribed manner, the names of members elected 
or deemed to have been duly elected to a Panchayat. 
21[Explanation:— In this section, the expression “population” means the population as 
ascertained at the last preceding census of which the relevant figures of  have been 
published, but where figures of census are not available, the population shall be 
ascertained from other relevant authenticated records maintained by the Government.] 
8. Incorporation of Panchayats.— Every Panchayat shall, by the name specified by 
the Government in this behalf, be a body corporate having perpetual succession and a 
common seal, and subject to the  provisions of this Act, have powers to acquire, hold or 
dispose of properties both movable and immovable and to contract and shall by the said 
name sue or be sued. 
9. Qualification for membership.— Every person whose name is in the list of voters 
referred to in section 13 of the wards in a Panchayat shall, unless disqualified under this 
Act or under any other law for the time being in force, be qualified to be elected from any 
ward in that Panchayat: 
Provided that in the case of seats reserved for the Schedul ed Castes or Scheduled 
Tribes or Backward Classes or women, no person who is not a member of any of the 
Scheduled Castes or Scheduled Tribes or Backward Classes or is not a woman, as the  
case may be, shall be qualified to be elected to such seat. 
10. Disqualification for membership. — A person shall be disqualified  for being 
chosen as, and for being, a member of the Panchayat if,— 
(a) he is so disqualified by or under any law for the time being in force for the 
purposes of the elections to the State Legislature: 
 
 
 
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Provided that no person shall be disqualified on the ground that he is less than twenty- 
five years, if he has attained the age of twenty-one years; 
(b) he has been dismissed from service of the Government or any local authority; 
(c) he holds any office of profit under any local or other authorities subject to the 
control of the Central Government, the State Government or the Government of any other 
States, other  than such offices as are declared by rules made under this Act not to 
disqualify the holder; 
(d) he is in a rrears for such period as may be prescribed of any tax, fee or other sum 
due to the Panchayat; 
(e) he has been convicted by a court of any offence involving moral turpitude and five 
years have not been elapsed since his release; or 
(f) he has directly or indirectly any share or monetary interest in any work done by or 
to the Panchayat or any contract or employment with, under or by or on behalf of, the 
Panchayat; 
(g) he is employed in any Corporation, whether statutory or otherwise, owned or 
controlled or financed in part or fully, by the Central Government or the Government or 
any State Government. 
22[10A. If a person who has been elected as a member of the Panchayat is or becomes a 
member of the House of the People, the Council of States or the State Legislative 
Assembly, then at the expiration of a period of fifteen days of such election, his seat in  
the Panchayat shall become vacant, unless he has previously resigned from his seat in the 
House of the People, Council of States or the State Legislative Assembly, as the case may 
be]. 
11. Decision on questions as to disqualification. — If any question arises as to 
whether a member of a Panchayat has become subject to any disqualification referred to  
in section 10, it shall be referred to the State Election Commission for decision and its 
decision thereon shall be final. 
12. Vacation of seat by members.— (1) If a member of a Panchayat— 
(a) is or becomes subject to any of the disqualifications mentioned in section 10; or 
(b) absents himself for more than three consecutive ordinary meetings of the Panchayat 
without the leave of the Panchayat or is absent from the State of Goa for more than four 
consecutive months: 
 
Provided that when an application is made by a member for leave to the Panchayat for 
leave to absent himself and the Pan chayat fails to inform the applicant of its decision on 
the application within a period of one month from the date of the receipt of the  
application by the Panchayat, the leave applied for shall be deemed to have been granted 
by the Panchayat. 
(c) absents himself with leave of the Panchayat for a period not exceeding six months 
but fails to attend the next meeting of Panchayat after the expiry of such leave. 
(d) votes or takes part in discussion in contravention of the provisions of sub-section 
(4) of section 55, his seat shall be deemed to be or to have become, as the case may be, 
vacant. 
(2) If any question arises as to whether a person is or has become subject to 
disqualification under 23[clause (b) clause (c) or clause (d)] of sub -section (1), the  
24[Block Development Officer] may either suo-moto or on a report made to him and after 
 
 
 
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giving an opportunity to the person concerned of being heard, decide the question whose 
decision shall be final. 
13. Lists of Voters. — (1) Subject to the provisions of sub-section (1), the electoral 
roll of the 25[Legislative Assembly of the State] for the time being in force for such part  
of the ward of a Panchayat shall be deemed to be the list of voters for such Panchayat 
wards. 
(2) No amendment transposition or deletion of any entry in the electoral roll of the 
26 [Legislative Assembly of the State] made after, the last date of making nominations for 
an election in any Panchayat ward and before the completion of such election shall form 
part of the list of voters for such election for the purpose of this section. 
14. Right to vote. — (1) Every person whose name appears in the voters list relating  
to a ward shall, subject to the other provisions of this Act, be entitled to vote at any 
election which takes place in that ward  while the voters list remains in force and no  
person whose name does not appear in such voters list shall vote at any such election. 
(2) No person shall vote at any election under this Act in more than one ward or more 
than once in the same ward. 
15. Election of members.— The election of members from wards of a Panchayat shall 
be held in accordance with such manner as may be prescribed on such date or dates as the 
Government may, by notification direct: 
Provided that a casual vacancy in a ward shall be filled up within a period of six 
months from the date of occurrence of the vacancy. 
27[Provided further that nothing contained in this section shall apply if,- 
(a) the remainder of the term of a member in relation to a vacancy is less than one 
year ;or 
(b) the State Election Commission in consultation with the Government certifies 
that it is difficult to hold the bye-election within the said period.] 
16. Election Petition.— (1) No election to fill a seat or seats in a Panchayat shall be 
called in question except by  an election petition prescribed on one or more  of the  
grounds specified in sub-section (1) of section 20 and section 21 to such authority as may 
be prescribed, by any candidate at such election or by any voter qualified to vote at such 
election together with a deposit of five hundred rupees as security for costs, within thirty 
days from, but not earlier than, the date of declaration of the result of the election of the 
returned candidate at the election, and if the dates of declaration of the results of th eir 
election are different, the last of these dates. 
(2) A petitioner shall join as respondents to his petition,- 
(a) where the petitioner, in addition to claiming a declaration that the election of all or 
any of the returned candidates is void, claims a further declaration that he himself or any 
other candidate has been duly elected, all the contesting candidates other than the 
petitioner, and where no such further declaration is claimed, all the returned candidates; 
and 
(b) any other candidates against whom allegations of any corrupt practice are made in 
the petition. 
(3) Every election petition shall be accompanied by as many copies thereof as there are 
respondents mentioned in the petition and every such copy shall be attested by the 
petitioner under his own signature to be a true copy of the petition. 
 
 
 
 
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Explanation:— The expression “returned candidate” means candidate who has been 
declared as duly elected. 
17. Contents of petition and relief that may be claimed. — (1) An election 
petition,— 
(a) shall contain a concise statement of the material facts on which the petitioner relies; 
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, 
including as full a statement as possible of the names of the parties alleged to have 
committed such corrupt practice and the date and place of the commission of each such 
practice; and 
(c) shall be signed by the petitioner and verified in the manner laid down in the Code  
of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings: 
Provided that where the petitioner alleges any corrupt practice, the petition shall also  
be accompanied by an affidavit in the prescribed form in support of the allegation of such 
corrupt practice and the particulars thereof. 
(2) Any schedule or annexure to the petition shall also be signed by the petitioner and 
verified in the same manner as the petition. 
(3) A petitioner may, in addition to claiming a declaration that the election of all or any 
of the returned candidates is void, claim a further declaration that he himself or any other 
candidate has been duly elected. 
 
18. Trial of election petition. — (1) The prescribed authority shall dismiss an election 
petition which does not comply with any of the provisions of sections 16 and 17. 
Explanation:— An order dismissing an elec tion petition under this sub -section shall 
be deemed to be an order made under clause (a) of sub-section (1) of section 19. 
(2) Where more election petitions than one are presented to the prescribed authority in 
respect of the same election the prescribed authority may, try them separately or in one 
or more groups. 
(3) Any candidate not already a respondent shall, upon application made by him to the 
prescribed authority within fourteen days from the date of commencement of the trial and 
subject to any order as to security for costs which may be made by the prescribed 
authority, be entitled to be joined as a respondent. 
Explanation:— For the purpose of this section, a trial of petition shall be deemed to 
commence on the date fixed for the respondents to appear before the prescribed authority 
and answer the claim or claims made in the petition. 
(4) The prescribed authority, may upon such terms as to costs and otherwise as he may 
deem fit, allow the particulars of any  corrupt practice alleged in the petition to be 
amended or amplified in such manner as may in his opinion be necessary for ensuring a 
fair and effective trial of the petition, but shall not allow any amendment of the petition, 
which will have the effect of introducing particulars of a corrupt practice not pr eviously 
alleged in the petition. 
(5) The trial of an election petition shall, so far as is practicable consistently with the 
interest of justice in respect of the trial be continued from day to day until its conclusion, 
unless the prescribed authority finds the adjournment of trial beyond the following day to 
be necessary for reasons to be recorded. 
(6) Every election petition shall be tried as expeditiously as possible and endeavour 
shall be made to conclude the trial within six months from the date on which the election 
 
 
 
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petition is presented to the prescribed authority for trial. 
(7) Subject to the provisions of this Act, every election petition shall be tried by the 
prescribed authority, as nearly as may be in accordance with the procedure applicable 
under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), to the trial of suits: 
Provided that the prescribed authority shall have discretion to refuse for reasons to be 
recorded in writing to examine any witness or witnesses if he is of the opinion that their 
evidence is not material for the decision of petition or that the party tendering such 
witness or witnesses is doing so on frivolous grounds or with a view to delay the 
proceedings. 
(8) The Provisions of the 28[Bharatiya Sakshya Adhiniyam, 2023 (Central Act 47  of 
2023)], shall subject to the provisions of this Act be deemed to apply in all respects to the 
trial of an election petition. 
(9) Notwithstanding anything in any enactment to the contrary, no document shall be 
inadmissible in evidence at the trial of the election petition on the ground that it is not 
duly stamped or registered. 
(19) Decision of the prescribed authority.— (1) At the conclusion of the trial of an 
election petition, the prescribed authority shall make an order,— 
(a) dismissing the election petition; or 
(b) declaring the election of all or any of the returned candidates to be void; or 
(c) declaring the election of all or any of the returned candidates to be void and the 
petitioner or any other candidates to have been duly elected. 
(2) At the time of making an order under sub-section (1), the prescribed authority shall 
also make an order,— 
(a) where any charge is made in the petition of any corrupt practice having been 
committed at the election, recording,- 
(i) a finding whether any corrupt practice has or has not been proved to have been  
committed at the election and the nature of that corrupt practice; and 
(ii) the names of all persons, if any, who have been proved at the trial to have been 
guilty of any corrupt practice and the nature of that practice; and 
(b) fixing the total amount of costs payable and specifying the persons by and to 
whom costs shall be paid: 
Provided that a person who is not a party to the petition shall not be named in the 
order under sub-clause (ii) of clause (a) unless- 
(i) he has been given notice to appear before the prescribed authority and to show - 
cause why he should not be so named; and 
(ii) if he appears in pursuance of the notice he has been given an opportunity of 
cross examining any witness who has already been examined by the prescribed 
authority and has given evidence against him, of calling evidence in his defence and of 
being heard. 
20. Grounds for declaring election to be void.— (1) Subject to the provisions of sub- 
section (2), if the prescribed authority is of opinion,— 
(a) that on the date of his election a returned candidate was not qualified, or was 
disqualified, to be chosen as member under this Act; or 
 
 
 
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(b) that any corrupt practice has been committed by a returned candidate or his 
agent or by any other person with the consent of a returned candidate or his agent; or 
(c) that any nomination paper has been improperly rejected; or 
(d) that the result of the election, in so far as it concerned a returned candidate, has 
been materially affected,— 
(i) by the improper acceptance of any nomination; or 
(ii) by any co rrupt practice commuted in the interests of the returned candidate 
by an agent; or 
(iii) by the improper reception, refusal or rejection of any vote or reception of any 
vote which is void; or 
(iv) by any non-compliance with the provisions of this Act or of any rules or 
order made thereunder; the prescribed authority shall declare the election of the 
returned candidate to be void. 
(2) If in the opinion of the prescribed authority, any agent of a return ed candidate has 
been found guilty of any corrupt practice, but the prescribed authority is satisfied,— 
(a) that no such corrupt practice was committed at the election by the candidate and 
every such corrupt practice was committed contrary to the orders and without the 
consent of the candidate; 
(b) that the candidate took all reasonable measures for preventing the commission of 
corrupt practices at the election; and 
(c) that in all other respects the election was free from any corrupt practice on the 
part of the candidate or any of his agent; 
then the prescribed authority may decide that the election of the returned candidate is not 
void. 
21. Grounds on which a candidate other than the returned candidate may be 
declared to have been elected.— (1) If any person who has filed an election petition has, 
in addition to calling in question the  election of the returned candidate claims a 
declaration that he himself or any other candidate has been duly elected and the  
prescribed authority is of opinion,— 
(a) that in fact the petitioner or such other candidate received a majority of the valid 
votes; or 
(b) that but for the votes obtained by the returned candidate by corrupt practices the 
petitioner or such other candidate would have obtained a majority of the valid votes; 
the prescribed authority shall after declaring the election of the returned candidate to be 
void, declare the petitioner or such other candidate, as the case may be, to have been duly 
elected. 
(2) The decision of the prescribed authority shall be final. 
22. Procedure in case of equality of votes.— If during the trial of an election petition 
it appears that there is an equality of votes between any candidates at the election and that 
the addition of a vote would entitle any of these candidates to be declared elected, then 
the prescribed authority shall decide between  them by lot and proceed as if the one on 
whom the lot falls has received an additional vote. 
23. Corrupt practices.— The following shall be deemed to be corrupt practices for 
the purposes of this Act, namely:— 
 
 
 
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(i) bribery as defined in clause (1) of section 123 of  the Representation of the People 
Act, 1951 (Central Act 43 of 1951), for the time being in force; 
(ii) undue influence as defined in clause (2) of section 123 of the Representation of the 
People Act, 1951 (Central Act 43 of 1951), for the time being in force; 
(iii) the appeal by a candidate or his agent or by any other person with the consent of a 
candidate or his 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; 
(iv) the promotion of or attempt to promote, feelings of enemity or hatred between 
different classes of the citizens 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 election of that candidate or for 
prejudicially affecting the election of any candidate; 
(v) the publication by a candidate or his agent or by any other person, with the consent 
of ca ndidate or his 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 
candidature, being a statement reasonably calculated to prejudice the prospects of the 
candidate’s election; 
(vi) the hiring or procuring, whether on payment or otherwise, any vehicle, or vessel  
by a candidate or his agent or by any other person with the consen t of a candidate or his 
agent, or the use of such vehicle or vessel for the free conveyance of any voter (other than 
the candidate himself, the members of his family or his agent) to or from any polling 
station provided in accordance with the rules made under this Act: 
Provided that the use of  any public transport vehicle or vessel or railway carriage by 
any voter 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 cor rupt 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, whether used for the drawing of other vehicles or otherwise. 
(vii) the holding of any meeting at which intoxicating liquors are served; 
(viii) the issuing of any circular, placard or poster having reference to the election 
which does not bear the name and address of the printer and publisher thereof; 
(ix) any other practice which the Government may by rule specify to be a corrupt 
practice. 
24. Order as to corrupt practices. — The corrupt practices referred to in section 23 
shall entail disqualification for membership of any local authority for a period of five 
years counting from the date on which the finding of the prescribed authority as to such 
practices takes effect under this Act. 
25. Communication of orders.— The prescribed authority shall after announcing the 
orders made under sections 20 and 21 send a copy thereof to the Government. 
26. Fresh election if a seat becomes vacant.— If the seat of any member has become 
vacant or is deemed to have become vacant under section 12, a fresh election for the 
 
 
 
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vacancy caused shall be held in accordance with the provisions of this Act. 
27. Prohibition of canvassing in or near polling station. — (1) No person shall, on 
the date or dates on which a poll is taken in any polling station, commit any of the 
following acts within the polling station or in any public or private place within a distance 
of one hundred meters of the polling station, namely:— 
(a) canvassing for votes; or 
(b) soliciting the vote of any voter; or 
(c) persuading any voter not to vote for any particular candidate; or 
(d) persuading any voter not to vote at the election; or 
(e) exhibiting any notice or sign (other than an official notice relating to the 
election). 
29(2) Any person who contravenes the provision of sub-section (1) shall, on conviction, 
be punished with fine which may extend to rupees five hundred. 
[(2) Any person who contravenes the provision of sub-section (1) shall be liable to a 
penalty which may extend to five thousand rupees..] 
(3) An offence punishable under this section shall be cognizable. 
28. 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 for amplifying or 
reproducing the human voice, such as a megaphone or a loudspeaker; or 
(b) shout, or otherwise act in a disorderly manner, within or at the entrance of the 
polling station or in any public or private place in the neighbourhood thereof, so as to 
cause annoyance to any perso n visiting the polling station for the poll, or so as to 
interfere with the work of the officers and other persons on duty at the polling station. 
(2) Any person who contravenes or willfully aids or abets the contravention of the 
provision of sub-section (1) shall, on conviction, be punished with imprisonment which 
may extend to three months or with fine or with both. 
(3) If the presiding officer of a polling station has reasons to believe that any person is 
committing or has committed an offence punishable under this section, he may direct any 
police officer to arrest such person, and thereupon the police officer shall arrest him. 
(4) 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. 
29. Penalty for misconduct at polling station. — (1) Any person who during the 
hours fixed for the poll at any polling station misconducts himself or fails to obey the 
lawful directions of the presiding officer may be removed from the polling station by the 
presiding officer or by any police officer on duty or by any person authorized in this 
behalf by such presiding officer. 
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any 
voter who is otherwise entitled to vote at a polling station from having an opportunity of 
voting at that station. 
(3) If any person who has been so removed from a polling station re-enters the polling 
station without the permission of the presiding officer, he shall, on conviction, be 
 
 
 
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punished with imprisonment for a term which may extend to three months, or with fine,  
or with both. 
(4) An offence punishable under sub-section (3) shall be cognizable. 
30. 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 
any election shall maintain and aid in maintaining, the secrecy of the voting and shall not 
(except for some purpose authorized b y or under any law) communicate to any person  
any information calculated to violate secrecy. 
(2) Any person who contravenes the provisions of sub-section (1) shall on conviction, 
be punished with imprisonment for a term which may extend to three months or with fine 
or with both. 
31. Officers etc., at elections not to act for candidate or  influence voting.— (1) 
No person who is a returning officer or a presiding or a polling officer at any election or 
any officer or clerk appointed by the returning officer or the presiding officer to perform 
any duty in connection with an election, shall, in the conduct or management of the 
election do any act (other than the giving of a 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 endeavour,— 
(a) to persuade any person to give his vote at an election; or 
(b) to dissuade any person from giving his vote at an election; 
(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, on conviction, be punished with imprisonment for a term which may extend to six 
months or with fine or with both. 
(4) An offence punishable under sub-section (2) shall be cognizable. 
32. 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, on conviction, be punished with fine which may 
extend to five hundred rupees. 
30 (2) An offence under sub-section (1) shall be cognizable. 
[(2) If any person to whom this section applies, without reasonable cause, commits any 
act or omission in breach of his official duty, he shall be liable to a penal ty which may 
extend to five thousand rupees.] 
(3) No suit or other legal proceedings shall lie against any such person for damages in 
respect of any such act or omission as aforesaid. 
(4) The person to whom this section applies are the 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 candidature, or the recording 
or counting of votes at an election; and the expression “official duty” shall for the purpose 
of this section be construed accordingly, but shall not include duties imposed otherwise 
than by or under this Act. 
33. Removal of ballot papers from polling stations to be an offence. — (1) Any 
person who at any election fraudulently takes, or attempts to take, a ballot paper out of a 
polling station, or willfully aids or abets the doing of any such act, shall on 
conviction, be punished with imprisonment for a term which may extend to one year or 
 
 
 
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with fine or with both. 
(2) If the presiding officer of a polling station has reason to believe that any person is 
committing or has committed an offence punishable under sub -section (1) such officer 
may before such person leaves the polling station, arrest or direct a police officer to arrest 
such person and may search such person or cause him to be searched by a police officer: 
Provided that when it is necessary to cause a woman to be searched, the search shall be 
made by another woman with strict regard to decency. 
(3) Any ballot paper found upon the person arrested on search shall be made over for 
safe custody to a police officer by the presiding officer, or when the search is made by a 
police officer, shall be kept by such officer in safe custody. 
(4) An offence punishable under sub-section (1) shall be cognizable. 
34. Other offences and penalties thereof. — (1) A person shall be guilty of an 
offence if at any election, he,— 
(a) fraudulently defaces, or fraudulently destroys any nomination paper; or 
(b) fraudulently defaces, destroys or removes any list, notice or other documents 
affixed by or under the authority of returning officer; or 
(c) fraudulently defaces or fraudulently destroys any ballot paper or the official 
mark on any ballot paper; or 
(d) without due authority supplies any  ballot paper to any person or receives  any 
ballot paper from any person or is in possession of any ballot paper; or 
(e) fraudulently puts into any ballot box anything other than the ballot paper which 
he is authorized by law to put in; or 
(f) without due authority destro

Excerpt shown. Open the full act in Lexace.

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