LexThe PUNJAB STATE ELECTION COMMISSION ACT, 1994
Punjab · state statute
Open in Lexace · Ask the AI about this act
GOVERNMENT OF PUNJAB
DEPARTMENT OF LEGAL AND LEGISLATIVE AFFAIRS
THE PUNJAB STATE ELECTION COMMISSION ACT, 1994
(PUNJAB ACT 19 OF 1994)
(As amended upto the 31st July, 2025)
2025
THE PUNJAB STATE ELECTION COMMISSION ACT, 1994
CONTENTS
Preamble
Sections
1. Short title and commencement
CHAPTER I
PRELIMINARY
2. Definitions
CHAPTER II
STATE ELECTION COMMISSION
3. Election to Panchayats and Municipalities
4. Qualification for appointment as Election Commissioner
CHAPTER III
CONDITIONS OF SERVICE OF THE ELECTION COMMISSIONER
5. Salary
6. Term of Office
7. Leave
8. Pension payable to the Election Commissioner
9. Right to subscribe to General Provident Fund
10. Other conditions of service
CHAPTER IV
DISQUALIFICATIONS
11. Disqualifications for membership of a Panchayat or a Municipality
12. State Government to decide disputes regarding disqualifications
CHAPTER V
ADMINISTRATIVE MACHINERY FOR THE CONDUCT OF ELECTIONS
13. Appointment of Deputy Election Commissioner and Secretary to Election
Commission
14. District Electoral Officer
15. Electoral Registration Officer
16. Returning Officer
17. Returning Officer to include Assistant Returning Officers
18. General duty of the Returning Officers
19. Provision for polling stations for constituencies
20. Appointment of Presiding Officer for polling stations
21. Duties of Presiding Officer
22. Duties of a Polling Officer
23. District Electoral Officer, Electoral Registration Officer, Returning Officer,
Assistant Returning Officer, Presiding Officer and Polling Officer deemed to
be on deputation to the Election Commission
CHAPTER VI
ELECTORAL ROLLS FOR CONSTITUENCIES
24. Electoral Rolls for every constituency
25. Disqualification for registration in an electoral roll
26. No person to be registered in more than one constituency
27. No person to be registered more than once in any constituency
28. Conditions of registration
29. Meaning of ordinarily resident
30. Preparation and revision of electoral rolls
31. Correction of entries in electoral rolls
32. Inclusion of names in electoral rolls
33. Appeals
34. Fee for applications and appeals
CHAPTER VII
CONDUCT OF ELECTIONS
35. Appointment of dates for nominations, etc.
36. Public notice of election
37. Nomination of candidates for election
38. Presentation of nomination paper and requirements for a valid nomination
39. Deposits
40. Notice of nominations and the time and place for their scrutiny
41. Scrutiny of nominations
42. Withdrawal of candidature
43. Publication of lists of contesting candidates
CHAPTER VIII
AGENTS OF THE CONTESTING CANDIDATES
44. Election agents
45. Disqualification for being an election agent
46. Revocation of the appointment, or death of an election agent
47. Appointment of polling agents
48. Appointment of counting agents
49. Revocation of the appointment or death, of a polling agent or counting agent
50. Functions of polling agents and counting agents
51. 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
52. Non-attendance of polling or counting agents
CHAPTER IX
GENERAL PROCEDURE AT ELECTION
53. Death of candidates before poll
54. Procedure in contested and uncontested elections
55. Eligibility of members of Schedule Castes to hold seats not reserved for
those castes
56. Casual vacancies in the Panchayats and Municipalities
CHAPTER X
THE POLL
57. Fixing time for poll
58. Adjournments of poll in emergencies
59. Fresh poll in the case of destructions etc. of ballot boxes
60. Adjournment of poll or countermanding of election on the ground of booth
capturing
61. Manner of voting at elections
62. Special procedure for voting by certain persons
63. Special procedure for preventing personation of electors
64. Voting machines at elections
65. Right to vote
CHAPTER XI
COUNTING OF VOTES
66. Counting of votes
67. Destruction, loss etc. of ballot paper at the time of counting
68. Equality of votes
69. Declaration of results
70. Report of the results
71. Publication of results
72. Date of election of candidates
CHAPTER XII
ELECTION PETITIONS
73. Setting up of Election Tribunals
74. Election petitions
75. Election Tribunal to try election petitions
76. Presentation of petition
77. Parties to the petition
78. Contents of petition
79. Relief that may be claimed by the petitioner
80. Trail of election petitions
81. Procedure before the Election Tribunal
82. Documentary evidence
83. Secrecy of voting not to be infringed
84. Answering of criminating question and certificate of indemnity
85. Expenses of witness
86. Recrimination when seat claimed
87. Decision of the Election Tribunal
88. Other orders to be made by the Election Tribunal
89. Grounds for declaring election to be void
90. Grounds for which a candidate other than the returned candidate may be
declared to have been elected
91. Procedure in case of an equality of votes
92. Communication of orders of the Tribunal
93. Transmission of order to the prescribed authority etc. and its publication
94. Effect of orders of the Tribunal
95. Withdrawal of election petitions
96. Procedure for withdrawal of election petitions
97. Report of withdrawal by the Tribunal to the Election Commission
98. Abatement of election petitions
99. Abatement or substitution on death of respondent
100. Appeal to High Court
101. Application for stay of operation of order
102. Procedure in appeal
103. Security for costs
104. Security for costs from a respondent
105. Costs
106. Payment of costs out of security deposited and return of such deposits
107. Execution of orders as to costs
CHAPTER XIII
CORRUPT PRACTICES AND ELECTORAL OFFENCES
108. Corrupt practices
109. Promoting enmity between classes in connection with elections
110. Prohibition of public meetings on the day preceding the election day and on
the election day
111. Disturbances at election meetings
112. Restriction on the printing of pamphlets, posters, etc.
113. Maintenance of secrecy of voting
114. Officers, etc. at elections not to act for candidates or to influence voting
115. Prohibition of canvassing in or near polling station
116. Penalty for disorderly conduct in or near a polling station
117. Penalty for misconduct at the polling station
118. Penalty for failure to observe procedure for voting
119. Penalty for illegal hiring or procuring of conveyance at elections
120. Breach of official duty in connection with elections
121. Penalty for Government servants and employees of local bodies for acting as
election agent, polling agent or counting agent
122. Removal of ballot papers from polling station to be an offence
123. Offences of booth capturing
124. Other offences and penalties
CHAPTER XIV
POWER OF ELECTION COMMISSION IN CONNECTION WITH
INQURIES AS TO DISQUALIFICATION OF MEMBERS
125. Power of Election Commission
126. Statement made by person to the Election Commission
127. Procedure to be followed by the Election Commission
128. Protection of action taken in good faith
CHAPTER XV
MISCELLANEOUS
129.Staff of every local authority to be made available for election work
130.Requisitioning of premises, vehicles, etc. for election purposes
131.Payment of compensation
132.Power to obtain information
133.Powers of entry into and inspection of premises, etc.
134.Eviction from requisitioned premises
135.Release of premises from requisition
136.Delegation of functions of the State Government with regard to
requisitioning
137.Penalty for contravention of any order regarding compensation
138.Extension of time for completion of election
139.Power to make rules
140.Jurisdiction of civil courts barred
141.Power to remove difficulties
142.Over-riding effect
143.Repeal and savings
THE PUNJAB STATE ELECTION COMMISSION ACT, 1994
(Punjab Act No. 19 of 1994)
[Received the assent of the Governor of Punjab on the 7th September , 1994
and was first published for general information in the Punjab Government
Gazette (Extraordinary), Legislative Supplement, dated the 9th September,
1994.]
1 2 3 4
Year No. Short Title Whether repealed or otherwise
affected by the legislation
1994 19 The Punjab State
Election
Commission Act,
1994
Amended by Punjab Act No. 2 of
1998
Amended by Punjab Act No. 23
of 1998
Amended by Punjab Act No. 14
of 2003
Amended by Punjab Act No. 36
of 2013
An Act to provide for the constitution of the State Election Commission and for
vesting the superintendence, direction and control of the preparation of electoral
rolls for, and the conduct of all elections to the Panchayats and Municipalities in
the State of Punjab, in the State Election Commission, and to provide for all
matters relating to, or ancillary or in connection with the elections to the
Panchayats and Municipalities, in terms of the provisions of Parts IX and IX -A
of the Constitution of India.
BE it enacted by the Legislature of the State of Punjab in the Forty-fifth year
of the Republic of India as follows: -
1. (1) This Act may be called the Punjab State Election Commission Act,
1994.
(2) It shall come into force at once.
Short title and
commencement.
CHAPTER I
PRELIMINARY
2. In this Act unless the context otherwise requires –
(a) “candidate" means a person who has been nominated as a candidate
for any election;
(b) “constituency” means an area of a Panchayat or a Municipality
delimited as a constituency for the purpose of elections to these
bodies;
(c) "costs” means all costs, charges and expenses of, or incidental to the
proceedings in an election petition;
(d) “disqualified" means disqualified for being chosen as a member of a
Panchayat or a Municipality;
(e) "District Planning Committee" means the committee constituted under
article 243 ZD of the Constitution of India;
(f) “Election Commission" means the Election Commission constituted
under section 3;
(g) "Election Commissione r” means the Election Commissioner
appointed under section 4;
(h) "elector" in relation to a constituency means a person whose name is
entered in the electoral roll of that constituency for the time being in
force and who is not subject to any of the disqualifications specified in
section 11;
(i) "electoral right" means the right of a person to stand or not to stand as,
or to withdraw or not to withdraw from being, a candidate or to vote
or refrain from voting at an election;
Definitions
(j) “Financial Commissioner” shall mean the Financial Commissio ner
appointed as such under the Punjab Land Revenue Act, 1887;
(k) “Governor” means the Governor of the State of Punjab;
(I) “High Court” means the High Court of the State of Punjab and
Haryana;
(m) “Metropolitan Planning Committee" means the Committee constituted
under Article 243 ZE of the Constitution of India;
(n) “Municipality" means an institution of self -government constituted
under Article 243 Q of the Constitution of India;
(o) "Panchayat” means an institution of self-government constituted under
article 243-B of the Constitution of India;
(p) "prescribed" means prescribed by rules made under this Act;
(q) "prescribed authority" means the authority prescribed as such under
the rules made under this Act;
(r) "qualifying date" in relation to t he preparation or revision of every
electoral roll means the f irst day of January of the year in which it is
so prepared or revised;
(s) “returned candidate” means a candidate whose name has been
published under section 70 as duly elected;
(t) “section" means a section of this Act;
(u) “State” means the State of Punjab;
(v) “State Government” means the Government of the State of Punjab;
(w) “sign" in relation to a person who is unable to write his name means
an authentic sign in such manner, as may be prescribed;
(x) “Ward Committee" means a Committee constituted under a rticle 243
S of the Constitution of India.
CHAPTER II
STATE ELECTION COMMISSION
3. (1) The State Government shall by notification in the Official Gazette
establish a State Election Commission (hereinafter referred to as the Election
Commission) for the superintendence, direction and control of the preparation of
the electoral roll for, and t he conduct of all elections to Panchayats and
Municipalities.
(2) The Election Commission established under sub -section (1 ), shall
consist of a State Election Commissioner (hereinafter called the Election
Commissioner) to be appointed by the Governor.
(3) The State Government may by notification in the Official Gazette,
also entrust to the Election Commission for the conduct of elections to any other
body or bodies to be constituted under the Constitution of India or under any other
law for the time being in force.
4. (1) The Governor shall, by notification in the Official Gazette, appoint,-
(i) an officer of the State Government not below the age of fifty -five
years and of the rank of Financ ial Commissioner, or the Principal
Secretary to the State Government having service as such for a
minimum period of two years; or
(ii) a serving or retired Judge of the High Court;
as Election Commissioner:
Provided that no officer, who has attained suc h age of superannuation, as
may from time to time be fixed by the State Government, shall be appointed as
Election Commissioner.
Qualification for
appointment as
Election
Commissioner.
Election to
Panchayats and
Municipalities.
(2) On ceasing to hold office of Election Commissioner, he shall be
ineligible for any further appointment under the State Government.
CHAPTER III
CONDITIONS OF SERVICE OF THE ELECTION COMMISSIONER
5. There shall be paid to the Election Commissioner a salary which is equal to
the salary of a Judge of a High Court:
Provided that if a person who immediately before the date of assuming
office as the Election Commissioner, was in receipt of, or, being eli gible so to do,
had opted to draw, a pension (other than a disability or wound pension) in respect
of any previous service under the Government of India or under the Government of
a State, his salary in respect of service as the Electio n Commissioner shall be
reduced, -
(a) by the amount of that pension;
(b) by the amount of the commuted value in respect of previous service if
any, that he had, before assuming office received, in lieu of a portion
of the pension due to him.
6. (1) The Election Commissioner shall hold office for a term of five years
from the date he assumes his office:
Provided that where the Election Co mmissioner attains the age of 1[sixty-
five years ] before the expiry of the said term of five years, he shall vac ate his
office on the date on which he attains the said age:
Provided further that the Election Commissioner may, at any time, by
writing under his hand, addressed to the Governor, resign his office.
(2) The Election Commissioner shall not b e removed from his office
except in like manner and on the like grounds as a Judge of a High Court.
7. (1) A person, who immediately before the date of assuming office as the
Election Commissioner, was in the service of the State Government, may be
1 Substituted for words “Sixty-four years” by Punjab Act No. 14 of 2003, Section 2
Salary.
Term of
Office.
Leave.
granted during his tenure of office as the Election Commissioner, leave in
accordance with the rules for the time being applicable to the services to which he
belonged before such date and he shall be entitled to carry forward the amount of
leave standing at h is credit on such date, notwithstanding anything contained in
Section 8.
(2) The power to grant or refuse leave to the Election Commissioner and
to revoke or curtail leave granted to him shall vest with the Governor.
8. (1) A person who, immediately before the date of assuming office as the
Election Commissioner was in the service of the State Government, shall be
deemed to have retired from that service on the date on which he assumes office as
the Electi on Commissioner and his service as Election Commissioner shall be
reckoned as continuing service counting for pension in the service to which he
belonged.
(2) Where the Election Commissioner demits office, whether in the
manner specified in sub -section (3) or by resignation, he shall on such demission
be entitled to, -
(a) a pension which is equal to the pension payable to a Judge of a
High Court in accordance with the provisions of Part III of the
First Schedule to the High Court Judges (Conditions of Service)
Act, 1954;
(b) such pension (including commutation of pension), family
pension and gratuity, as are admissible to a Judge of th e High
Court under the said Act and the rules made thereunder.
(3) Except where the Election Commissioner demits offi ce by
resignation, he shall be deemed for the purposes of this Act, to have demitted his
office, it, -
(a) he has completed the term of office specified in section 6; or
(b) he has attained the age of sixty-two years ; or
(c) his demission from office is medically certified to be
necessitated by ill-health.
Pension
payable to the
Election
Commissioner.
9. The Election Commissioner shall be entitled to subscribe to the Gen eral
Provident Fund of the State of Punjab.
10. Save as otherwise provided in this Act, the conditions of service relating to
travelling allowances, rent -free accommodation and ex emption from payment of
income t ax on the value of such rent free accommodation, conveyance facility,
sumptuary allowances, medical facility and such other conditions of service, as are,
for the time being, applicable to a Judge of High Court under Chapter IV of the
High Court Judges (Conditions of Service) Act , 1954 (Central Act XXVIII of
1954.) and the rules made thereunder, shall so far as may be, apply to the Election
Commissioner.
CHAPTER IV
DISQUALIFICATIONS
11. A person shall be disqualified for being chosen as, and for being a member
of a Panchayat or a Municipality, -
(a) if he is not a citizen of India, or has voluntarily acquired the
citizenship of a foreign State, or is under any acknowledgement of
allegiance or adherence to a foreign State; or
(b) if he is of unsound mind and sta nds so declared by a competent
court; or
(c) if he is an undischarged insolvent; or
(d) if he has in proceedings for questioning the validity or regularity of
an election, been found guilty of any corrupt practice; or
(e) if he has been found guilt y of any offence punishable under s ection
153A or section 171 E or section 171 F or section 376 section 376A
or section 376B or section 376 C or section 376 D or section 498 A
or section 505 of the Indian Penal Code, 18 60 or any offence
punishable under Chapter XIII of this Act unless a period of six years
has elapsed since the date of such conviction; or
Other
Conditions
of service.
Disqualifications
for membership
of a Panchayat or
a Municipality.
Right to
subscribe
to General
Provident
Fund.
(f) if he holds an office of profit under a Panchayat or a Municipality;
or
(g) if he holds an office of profit under the Government of India or any
State Government; or
(h) if he is interested in any subsisting contract made wi th, or any work
being done for, that Panchayat or Municipality except as a share -
holder (other than a Director) in an incorporated company or as a
member of a co-operative society; or
(i) if he is retained or employed in any professional capacity either
personally or in the name of a firm in which he is a partner, or with
which he is engaged in a professional capacity, in connection with
any cause or proceeding in which the Panchayat or the Municipality
is interested or concerned; or
(j) if he, having held any office under the State Government or any
Panchayat or any Municipality or any other State level authority or
any Government company or any corporate d body owned or
controlled by the State Government or Government of India, has
been dismissed from service unless a period of f our years has elapsed
since his dismissal1[; or]
2[(k) if he is so disqualified by or under any law for the time being in force
for the purposes of elections to the Legislature of Punjab State:
Provided that no person shall be disqualified on the ground that
he is less than twenty five years of age, if he has attained the age of
twenty one years; or
(l) if he has been convicted of any offence invo lving moral turpitude or
an offence implying of any defect in the character of a member as
defined in clause ( zg) of section 2 of the Pun jab Panchayati Raj Act,
1 Substituted by Punjab Act No. 36 of 2013, Section 2
2 Added by Punjab Act No. 36 of 2013, Section 2
1994 (Punjab Act No. 9 of 1994) or a member of the Municipality
unless a period of five years has elapsed since his conviction; or
(m) if he is registered as a habitual offender under the Punjab Habitual
Offenders (Control and Reform) Act, 1952 (Punjab Act No. 12 of
1952), or any other law for the time being in force; or
(n) If he has been convicted of an offence under the Protection of Civil
Rights Act, 1955(Central Act No.22 of 1955), within a period of five
years immediately preceding the last date of the filing of the
nomination papers; or
(o) if he is a whole -time salaried employee of any local authority,
Statutory Corporation or Board or a Co -operative Society registered
under the Punjab Co -operative Societies Act, 1961 (Punjab Act No.
25 of 1961) or of the State Government or the Central Government;
or
(p) if he has been notified as disqualifie d for appointment as public
servant except on medical grounds: or
(q) if he has not paid the arrears of tax imposed by the Panchayat or the
Municipality, as the case may be; or
(r) if he is in un -authorized occupation of property belonging to any
local authority; or
(s) if he is a member of either House of the Parliament or of the
Legislature of Punjab State:
Provided that a member of either House of the Parliament or the
Legislature of Punjab State may be elected as a member as defined in
clause ( zg) of section 2 of the Punjab Panchayati Raj Act, 1994
(Punjab Act No. 9 of 1994) or as a member of the Municipality, if,
along with his nomination paper, he gives undertaking to the effect
that he shall resign the membership of either House of the Parliamen t
or of the Legislature of Punjab State, as the case may be, and so
resigns before taking the oath or making affirmation for taking over
the office as such member: or
(t) if he refuses to act, or becomes, in the opinion of the State
Government, incapable of acting, or has been declared a bankrupt or
an insolvent or has been convicted of any such offence or subjected
by a criminal court to any such order as implies, in the opinion of the
State Government, a defect of character which unfits him to be a
member of the Panchayat or the Municipality; or
(u) if he has been declared, by notification, to be disqualified for
employment in, or has been dismissed from, the public service and
the reason for the disqualification or dismissal is such as implies in
the opinio n of the State Government a defect of character which
unfits him to be a member of the Panchayat or the Municipality; or
(v) if, being a legal practitioner, he acts or appears in any legal
proceeding on behalf of any person against the Panchayat or the
Municipality, or on behalf of or against the State Government, where
in the opinion of the State Government, such action or appearance is
contrary to the interest of the Panchayat or the Municipality.]
12. (1) If any question arises as to w hether a member or any Panchayat or
Municipality has become subject to any of the disqualifications specified in Article
243 F or 243V of the Constitution of India or in section 11 , the question shall be
referred for decision of the State Government and his decision shall be final .
(2) Before giving any decision on such question, the State Government
shall obtain the opinion of the Election Commission and shall act according to
such opinion.
CHAPTER V
ADMINISTRATIVE MACHINERY FOR THE CODUCT OF ELECTIONS
13. (1) The State Government may appoint one or more than one Deputy
Election Commissioners to assist the Election Commissioner in the discharge of
State
Government to
decide disputes
regarding
disqualification.
Appointment of
Deputy
Election
Commissioner
and Secretary to
Election
Commission.
his duties under this Act and the rules made thereunder and may also appoint
Secretary to the Election Commission.
(2) The term of appointment and other conditions of service of the
Deputy Election Commissioner and the Secretary to the Election Commission
appointed under sub-section (1), shall be such, as may be prescribed.
(3) The functions of the Election Commissioner under the Constitution
and this Act and the rules made thereunder, may, subject to such general or special
directions, if any, as may be given by the Election Commission in this behalf, be
performed also by the Deputy Election Commissioner, or by the Secretary to the
Election Commission.
14. (1) There shall be for each district! a District Electoral Officer who shall
be such officer of the State Government as the Election Commissioner may, in
consultation with the State Government, designate or nominate in this behalf .
(2) Subject to the superintendence, direction and control of the Election
Commission, the District Electoral Officer shall supervise the preparation, revision
and correction of all electoral rolls in the district.
(3) The District Electoral Officer shall also perform such other functions,
as may be entrusted to him by the Election Commission.
15. (1) The electoral rolls for each Panchayat or Municipality shall be
prepared and revised by an Electoral Registration Officer wh o shall be such
Officer of the State Government or of a local authority, as the Election
Commission may, in c onsultation with the Government , designate or nominate in
this behalf.
(2) An Electoral Registration Officer may subject to any restriction, as
may be prescribed, employ such persons as he thinks fit for the preparation and
revision of the electoral rolls for the Panchayats or the Municipalities.
16. (1) For every constituency , for every election to fill a seat or seats in a
Panchayat or a Municipality, the Election Commission shall, in consultation with
the State Government, designate or nominate an officer of the State Government or
District
Electoral
Officer.
Electoral
Registration
Officer.
Returning
Officer.
of a local authority as a Returning Officer or one or mor e Assistant Returning
Officers:
Provided that the Election Commission may designate or nominate the same
person to be the Returning Officer or Assistant Returning Officer for more than
one constituency.
(2) Every Assistant Returning Officer shall, subject to the control of the
Returning Officer, be competent to perform all or any of the fu nctions of the
Returning Officer:
Provided that no Assistant Returning Officer shall perform any of the
functions of the Returning Office r which relate to the scrutiny of nominations,
unless the Returning Officer is unavoidably prevented from performing such
functions and it is necessary in the public interest to perform such functions.
17. Reference in this Act to the Returning Officer sh all, unless the context
otherwise requires, be deemed to include an Assistant Returning Officer
performing any function which he is authorised to perform under section 16.
18. It shall be the general duty of the Returning Officer at any election to do all
such acts and things, as may be necessary for effectually conducting the election in
the manner provided under this Act and the rules or orders made thereu nder.
19. The District Electoral Officer shall, with the previous approval of the
Election Commission, provide a sufficient number of polling stations for every
constituency, the whole or greater p art of which lies within his jurisdiction, and
shall publish in such manner , as the Election Commission may direct, a list
showing the polling stations so provided and the polling areas or groups of voters
for which they have respectively been provided.
20. (1) The District Electoral Officer shall appoint a Presiding Officer for
each polling station and such polling officer or polling officers, as he thinks
necessary, but he shall not appoint any person who has been employed by or on
behalf of, or has been otherwise working for, a candidate in or about the election:
Returning
Officer to
include
Assistant
returning
Officers.
General duty
of the
Returning
Officer.
Provision for
polling
stations for
constituencies.
Appointment
of Presiding
Officer for
polling
stations.
Provided that if a Polling Officer is absent from the polling station, the
Presiding Officer may appoint any person who is present at the polling station
other than a person who has been empl oyed by or on behalf of, or has been
otherwise working for a candidate in or about the e lection, to be the Polling Officer
during the absence of the former officer, and inform the District Electoral Officer
accordingly:
Provided further that nothing in t his sub -section shall prevent the District
Electoral Officer from appointing the same person to be the Presiding Officer for
more than one polling station in the same premises.
(2) A Polling Officer shall, if so directed by the Presiding Officer,
perform all or any of the functions of a Presiding Officer under this Act or the rules
or orders made thereunder.
(3) If the Presiding Officer, owing to illness or other unavoidable cause,
absents himself from the polling station, his functions shall be perform ed by such
Polling Officer, as has been authorised by the District Electoral Officer to perform
such functions during such absence.
(4) Reference in this Act to the Presiding Officer shall, unless the context
otherwise requires, be deemed to include any person performing any function
which he is authorised to perform under sub -section (2) or sub -section (3), as the
case may be.
21. It shall be the general duty of the Presiding Officer at a polling station to
keep order there at and to see that the poll is fairly taken.
22. It shall be the duty of the Polling Officer at the polling station to assist the
Presiding Officer for such station in the performance of his functions.
23. District Electoral Officer, Electoral Registration Officer, Returning Officer,
Assistant Returning Officer, Presiding Officer, Polling Officer and any other
officer, appointed under this Chapter, and any Police Officer designated as such for
the time being by the State Government, for the conduct of any el ection shall be
deemed to be on deputation to the Election Commission for the period
commencing on and from the date of the notification calling for such election and
Duties of
Presiding
Officer.
Duties of
Polling
Officer.
District Electoral
Officer, Electoral
Registration
Officer, Returning
Officer, Assistant
Returning Officer,
Presiding Officer
and Polling Officer
deemed to be on
deputation to the
Election
Commission.
ending with the date of declaration of the results of such election and accordingly,
such officer shall, during that period, be subject to the control, superintendence and
discipline of the Election Commission.
CHAPTER VI
ELECTORAL ROLLS FOR CONSTITUENCIES
24. For every Panchayat and Municipality there shall be an electoral roll which
shall be prepared in accordance with the provisions of this Act, under the
superintendence, direction and control of the Election Commission.
25. 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 stand 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; or
(d) has been convicted of an offence punishable under, -
(i) the Protection of Civil Rights Act, 1955; or
(ii) the Unlawful Offences (Prevention) Act, 1967; or
(iii) the Dowry Prohibition Act, 1962; or
(iv) the Terrorist and Disruptive Activities (Prevention) Act, 198 7;
or
(v) the Religious Institutions (Prevention of Misuse) Act, 1988; or
(vi) any law providing for the prevention of profiteering and
hoarding; or
(vii) any law relating to the adulteration of food or drugs.
26. No person shall be entitled to be registered in the electoral roll for more than
one constituency.
27. No person shall be entitled to be registered in the electoral roll for any
constituency more than once.
Electoral
Rolls for
every
constituency.
Disqualification
for registration
in an electoral
roll.
No person to be
registered in more
than one
constituency.
No person to be
registered more
than once in any
constituency.
28. 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.
29. (1) For the purposes of this section a person shall not be deemed to be
ordinarily resident in a constituency on the ground only that he owns or is in
possession of, a dwelling house in that constituency.
(2) A person absenting himself temporarily from his p lace of ordinary
residence shall not by reason thereof cease to be ordinarily resident therefrom.
(3) A member of Parliament or of the State Legislature shall not during
the term of his office cease to be ordinarily resident in his constituency by reaso n
of his absence from that constituency in connection with duties as such member.
(4) A person kept in any place meant for the sole purpose of treatment of
persons suffering from any mental illness or defectiveness or any other serious
disease or who is detained in prison or other lawful custody at any place, shall not
by reason thereof be deemed to be an ordinarily resident of that place.
(5) Any person having a service qualification shall be deemed to be
ordinarily resident on any date in the consti tuency in which, but for his having
such service qualification, he would have been ordinarily resident on that date.
(6) Any person holding an office in India which has been declared by the
State Government in consultation with Election Commission to be an office to
which the provisions of this section shall apply, shall be deemed to be ordinarily
resident on any date in the constituency in which, but for the holding of any such
office, he would have been ordinarily resident on that date.
(7) The statement of any such person as is referred to in sub -section (4) or
sub-section (5) made in the prescribed form and verified in the prescribed manner
that but for his having the service qualification or but for his holding any such
office as is referred to in sub-section (6), he would have been ordinarily resident in
Conditions of
registration.
Meaning of
ordinary
resident.
a specified place on any date, shall, in the absence of evidence to the contrary, be
accepted as correct.
(8) The spouse of any such person as is referred to in sub -section (3) or
sub-section (4), shall if he or she be ordinarily residing with such person, be
deemed to be ordinarily resident in the constituency specified by such person under
sub-section (5).
(9) If in any case, a question arises as to of which place a person is
ordinarily resident at any relevant time, the question shall be determined with
reference to all the relevant facts of the case and with reference to such rules, as
may be made in this behalf.
(10) In sub-section (5) and sub-section (7) service qualification means—
(a) being a member of the Armed Force of the Union; or
(b) being a member of a force to which the provisions of the Army
Act, 1950 (Central Act 46 of 1950) have been made applicable
whether with or without modifications; or
(c) being a member of an Armed Police of the State, who is serving
outside the State; or
(d) being a person who is employed under the State Government,
on a post outside India.
30. (1) The electoral roll for each constituency shall be prepared in the
prescribed manner by reference to the qualifying da te and shall come into force
immediately upon its final publication in accordance with the rules made under this
Act.
(2) The electoral roll for each constituency, -
(a) shall unless otherwise directed by the Election Commission for
reasons to be recorded in writing, be revised in the prescribed
manner by reference to the qualifying date-
(i) before each general election to a Panchayat or a
Municipality; and
Preparation
and revision
of electoral
rolls.
(ii) before each b ye-election to fill a casual vacancy in a
Panchayat or a Municipality; and
(b) may be revised in any year in the prescribed manner by
reference to the qualifying date if such revision has been
directed by the Election Commission:
Provided that if the el ectoral roll is not revised as aforesaid, the
validity or continued operation of the electoral roll shall not be affected.
(3) Notwithstanding anything contained in sub -section (2), the Election
Commission may at any time, for reasons to be recorded in writing, direct for
special revision of the electoral roll for any constituency or part of a constituency
in such manner, as it may think fit:
Provided that subject to the provisions of this Act, the electoral roll for the
constituency as in force at the time of the issue of any such direction, shall
continue to be in force until the completion of the special revision so directed.
31. If the Electoral Registration Officer for a constituency, on application ma de
to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any
entry in the electoral roll of the constituency –
(a) is erroneous or defective in any respect; or
(b) should be transposed to another place in the roll on the g round that the
person concerned has changed his place of ordinary residence within
the constituency; or
(c) should be deleted on the ground that the person concerned is dead or
has ceased to be ordinarily resident in the constituency or is otherwise
not entitled to be registered in that roll.
the Electoral Registration Officer, shall, subject to such general o r special
directions, if any, as may be given by the Election Commission in this behalf,
amend, transpose or delete the entry:
Provided that before taking any action on a ground specified under clause (a)
or clause (b) or under (c), except in the case of death of a person, the Electoral
Correction
of entries in
electoral
rolls.
Registration Officer shall give the person concerned a reasonable opportunity of
being heard in respect of the action proposed to be taken in relation to him.
32. (1) Any person whose name is not included in the electoral roll of a
constituency, may apply to the Electoral Registration Officer for the inclusion of
his name in that roll.
(2) The Electoral Registration Officer shall, if satisfied that the ap plicant
is entitled to be registered in the electoral roll, direct his name to be included
therein:
Provided that if the applicant is registered in the electoral roll of any other
constituency, the Electoral Registration Officer of that constituency shal l inform
the Electoral Registration Officer of the constituency in which the applicant should
have actually been registered and that officer shall, on receipt of the information,
strike off the applicant's name from that roll.
(3) No amendment, transposition or deletion of any entry shall be made
under section 30 and no direction for the inclusion of a name in the electoral roll of
a constituency shall be given under this section, after the last date for making
nominations for an election in t hat constituency and before the completion of that
election.
33. An appeal against the order of the Electoral Registration Officer made under
section 31 or section 32 shall lie to the Election Commission in such manner and
within such time, as may be prescribed in this behalf.
34. Every application under section 31 or section 32 and every appeal under
section 33 shall be accompanied by the prescribed fee which shall, in no case, be
refunded.
CHAPTER VII
CONDUCT OF ELECTIONS
35. As soon as the notification calling upon a constituency to elect a member or
members is issued, the Election Commission shall, by notification in t he Official
Gazette, appoint --
Inclusion of
names in
electoral
rolls.
Appeals.
Fee for
applications
and appeals.
Appointment of
dates for
nominations,
etc.
(a) the last date for making nominations, which shall be the 1[Third day]
after the date of publication of the first mentioned notification, or, if
that day is a public holiday, the next succeeding day which is not a
public holiday;
(b) the date for the scrut iny of nominations, which shall be the day
immediately following the last date for making nominations or, if that
day is a public holiday, the next succeeding day which is not a public
holiday;
(c) the last date for the withdrawal of candidatures, which s hall be the
2[First day] after the date for the scrutiny of nominations or, if that day
is a public holiday, the next succeeding day which is not a public
holiday;
(d) the date or dates on which a poll shall, if necessary, be taken, which or
the first of which shall be a date not earlier than the 3[Seventh day but
not later than the Tenth day] after the last date for the withdrawal of
the candidatures; and
(e) the date before which the election shall be completed.
36. On the issue of a notification under section 5 7, the Returning Officer shall
give public notice of the intended election in such form and manner, as may be
prescribed, inviting nominations of candidates for such election and specifying the
place at which the nomination papers are to be delivered.
37. Any person may be nominated as a candidate for election to fill a seat if he
is qualified to be chosen to fill that seat under the provisions of this Act.
38. (1) On or before t he date appointed under clause (a) of section 35, each
candidate shall, either in person or by his proposer, between the hours of eleven
O'clock in the forenoon and three O'clock in the afternoon deliver to the Returning
Officer at the place specified in t his behalf in the notice issued under Section 36, a
1 Substituted for words “Seventh day” by Punjab Act No. 2 of 1998, Section 2
2 Substituted for words “Second day” by Punjab Act No. 2 of 1998, Section 2
3 Substituted for words “Tenth day” by Punjab Act No. 23 of 1998, Section 2
Presentation of
nomination paper
and requirements
for a valid
nomination.
Public notice
for election.
Nominating of
candidates for
election.
nomination paper completed in the prescribed form and signed by the candidate
and by an elector of the constituency as proposer:
Provided that no nomination paper shall be delivered to the Returning
Officer on a day which is a public holiday.
(2) In a constituency where any seat is reserved, a candidate shall not be
deemed to be qualified to be chosen to fill that seat unless his nomination paper
contains a declaration by him specifying the particular caste of which he is a
member and the area in relation to which that caste is a Schedule Caste of the
State.
(3) Where the candidate is a person who, having, held any office referred
to in clause ( j) of section 11 has been dismissed and a period of four years has not
elapsed since the dismissal, such person shall not be deemed to be duly nominated
as a candidate unless his nomination paper is accompanied by a certificate issued
in Excerpt shown. Open the full act in Lexace.