The West Bengal State Election Commission Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARMENT 
Legislative 
West Bengal Act VIII of 1994 
THE WEST BENGAL STATE ELECTION 
COMMISSION ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 22nd March, 1994.] 
[22nd March, 1994.] 
An Act to provide for matters relating to the constitution of a State 
Election Commission for the superintendence, direction and control 
of the preparation of electoral rolls for, and the conduct of all 
elections to the Panchayats and the Municipalities. 
WHEREAS it is expedient to provide for matters ralating to the 
constitution of a State Election Commission for the superintendence, 
direction and control of the preparation of electoral rolls for, and the 
conduct of, all elections to the Panchayats and the Municipalities; 
It is hereby enacted in the Forty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:- 
1. (1) This Act may be called the West Bengal State Election 
Commission Act, 1994. 
(2) It shall come into force on such date as the State Government 
may, by notification, appoint. 
2. In this Act, unless the context otherwise requires,— 
(a) "Commission" means the West Bengal State Election 
Commission referred to in sub-section (1) of section 3; 
(b) "constituency" means an area declared as such under any 
law for the time being in force for the purpose of election 
of a member from that area to a Panchayat or Municipality; 
(c) "constitution" means the Constitution of .India; 
(d) "District Municipal Election Officer" means the officer 
appointed as such under sub-section (1) of section 6; 
(e) "District Panchayat Election Officer" means the officer 
appointed as such under sub-section (1) of section 6; 
(f) "Governor" means the Governor, appointed as such under 
article 155, read with article 153, of the Constitution, for 
the State of West Bengal; 
Short title 
and 
commence-
ment. 
Definitions. 
43 
The West Bengal State Election Commission Act, 1994. 
[West Ben. Act 
(Section 3.) 
(g) "Municipality" has the same meaning as in clause (e) of 
article 243P of the Constitution; 
(h) "Municipal Electoral Registration Officer" means the officer 
appointed as such under sub-section (1) of section 6; 
(i) "Municipal Returning Officer" means the officer appointed 
as such under sub-section (1) of section 6; 
(j) "notification" means a notification published in the Official 
Gazette; 
(k) "Panchayat" has the same meaning as in clause (e) of 
article 243 of the Constitution; 
(1) "Panchayat Electoral Registration Officer" means the officer 
appointed as such under sub-section (1) of section 6; 
(m) "Panchayat Returning Officer" means the officer appointed 
as such under sub-section (1) of section 6; 
(n) "prescribed" means prescribed by rules made under this 
Act; 
(o) "State Election Commissioner" means the State Election 
Commissioner referred to in sub-section (1) of section 3; 
(p) words and expressions used in this Act and not otherwise 
defined shall have the meanings respectively assigned to 
them in- 
0) the Bengal Municipal Act, 1932, 	 Ben. Act XV 
of 1932. 
State 
Election 
Commis-
sion. 
(ii) the Chandernagore Municipal Act, 1955, 	 West Ben. 
Act XVIII of 
1955.  
(iii) the West Bengal Panchayat Act, 1973, 	 West Ben. 
Act XLI of 
1973. 
(iv) the Howrah Municipal Corporation Act, 1980, 	 West Ben. 
Act LVIII of 
1980. 
(v) the Calcutta Municipal Corporation Act, 1980, 	 West Ben. 
Act LIX of 
1980. 
(vi) the Siliguri Municipal Corporation Act, 1990, 	 West Ben. 
Act XXX of 
	
1990. 	 . 
(vii) the Asansol Municipal Corporation Act, 1990, or 	 West Ben. 
Act XXXI 
of 1990. 
(viii) the Chandernagore Municipal Corporation Act, 1990. West Ben. 
Act XXXII 
of 1990. 
3. (1) With effect from such date as the State Government may by 
notification, appoint, there shall be a Commission, to be called the West 
Bengal State Election Commission, consisting of a State Election 
Commissioner appointed by the Governor under clause (1) of article 
243K of the Constitution. 
44 
The West Bengal State Election Commission Act, 1994. 
VIII of 1994.] 
West Ben. 
Act XLI of 
1973. 
(Sections 4, 5.) 
(2) If— 
(a) the State Election Commissioner is, by reason of leave, 
illness or other cause, temporarily unable to exercise the 
powers and perform the duties of his office, or 
(b) a vacancy occurs in the office of the State Election 
Commissioner by reason of death, resignation or expiry of 
the term of his office, removal or otherwise, 
then, the Governor shall, by notification, designate an officer of the State 
Government who shall act as the State Election Commissioner during 
the period of such temporary inability or pending the appointment of a 
State Election Commissioner, as the case may be. 
(3) The functions of the Commission may, subject to such general 
or special directions, if any, as may be given by the Commission in this 
behalf, be performed also by such officers of the Commission as the State 
Election Commissioner may, by order, specify. 
4. (1) The superintendence, direction and control of the preparation 
of electoral rolls for, and the conduct of, all elections to the Panchayats 
shall vest in the Commission: 
Provided that the electoral roll for the time being in force for the 
election of Members to the West Bengal Legislative Assembly may, at 
the discretion of the State Election Commissioner, be adopted as the 
electoral roll for election of members, by whatever name called, to a 
Panchayat to such extent and in such manner as the State Election 
Commissioner thinks fit. 
(2) Subject to the provisions of sub-section (I), all matters relating 
to, or in connection with, elections to the Panchayats shall be regulated 
in accordance with the provisions of the West Bengal Panchayat Act, 
1973, and the rules made thereunder in so far as they are not inconsistent 
with the provisions of this Act or the rules made thereunder. 
Elections to 
the 
Panchayats. 
5. (1) The superintendence, direction and control of the preparation Elections to 
of electoral rolls for, and the conduct of, all elections to the Municipalities the 
shall vest in the Commission: 	 Municipali- 
ties. 
Provided that the electoral roll for the time being in force for the 
election of Members to the West Bengal Legislative Assembly may, at 
the discretion of the State Election Commissioner, be adopted as the 
electoral roll for election of members, by whatever name called, to a 
Municipality to such extent and in such manner as the State Election 
Commissioner thinks fit. 
45 
The West Bengal State Election Commission Act, 1994. 
[West Ben. Act 
(Section 6.) 
(2) Subject to the provisions of sub-section (1), all matters relating 
to, or in connection with, elections to the Municipalities shall be regulated 
in accordance with the provisions of— 
(a) the Bengal Municipal Act, 1932, 
(b) the Chandernagore Municipal Act, 1955, 
(c) the Howrah Municipal Corporation Act, 1980, 
(d) the Calcutta Municipal Corporation Act, 1980, 
(e) the Siliguri Municipal Corporation Act, 1990, 
(f) the Asansol Municipal Corporation Act, 1990, or 
(g) the Chandernagore Municipal Corporation Act, 1990, 
as the case may be, and the rules made thereunder in so far as they are 
not inconsistent with the provisions of this Act or the rules made 
thereunder. 
Ben. Act XV 
of 1932. 
West Ben. Act 
XVIII of 1955. 
West Ben. Act 
LVIII of 1980. 
West Ben. Act 
LIX of 1980. 
West Ben. Act 
XXX of 1990. 
West Ben. Act 
XXXI of 1990. 
West Ben. Act 
XXXII of 1990. 
Appointment 
of officers for 
preparation 
of electoral 
rolls for, and 
conduct of, 
elections to 
Panchayats 
and 
Municipali-
ties. 
6. (1) For the purpose of preparation of electoral rolls for, and 
conduct of, elections to the Panchayats and the Municipalities, the State 
Election Commissioner shall, in consultation with the State Government, 
appoint such officers of the State Government to be the— 
(a) District Municipal Election Officer for every district, 
(b) District Panchayat Election Officer for every district, 
(c) Municipal Electoral Registration Officer for one or more 
Municipalities, 
(d) Panchayat Electoral Registration Officer for one or more 
Blocks, 
(e) Municipal Returning Officer for one or more Municipalities, 
and 
(f) Panchayat Returning Officer for one or more Panchayat, 
as he thinks fit, who shall exercise such powers and perform such 
functions as may be prescribed: 
Provided that if the territorial jurisdiction of a Municipality is spread 
over the administrative jurisdiction of two or more' districts, the State 
Election Commissioner may appoint one District Municipal Election 
Officer for the purpose of preparation of electoral rolls for, and conduct 
of, elections to that Municipality. 
46 
The West Bengal State Election Commission Act, 1994. 
VIII of 1994.] 
(Section 6.) 
(2) Subject to the direction and control of the State Election 
Commissioner, the District Municipal Election Officer shall appoint 
such number of officers of the State Government to be the— 
(a) Assistant Municipal Electoral Registration Officer, and 
(b) Assistant.Municipal Returning Officer, 
as may be necessary, and such Assistant Municipal Electoral Registration 
Officer and Assistant Municipal Returning Officer shall exercise such 
powers and perform such functions as may be prescribed. 
(3) Subject to the direction and control of the State Election 
Commissioner, the District Panchayat Election Officer shall appoint 
such number of officers of the State Government to be the— 
(a) Assistant Panchayat Electoral Registration Officer, and 
(b) Assistant Panchayat Returning Officer, 
as may be necessary, and such Assistant Panchayat Electoral Registration 
Officer and Assistant Panchayat Returning Officer shall exercise such 
powers and perform such functions as may be prescribed. 
(4) Subject to such rules as may be made by the State Government 
in this behalf, the Municipal Returning Officer shall appoint such number 
of persons to be the— 
(a) Presiding Officer, and 
(b) Polling Officer, 
as may be necessary for holding elections or bye-elections to a 
Municipality: 
Provided that no person, who has been employed• by or on behalf 
of, or has otherwise been working for, a candidate in or about the election 
or bye-election to a Municipality, shall be appointed to be the Presiding 
Officer or Polling Officer for holding such election or bye-election, as 
the case may be. 
(5) Subject to such rules as may be made by the State Government 
in this behalf, the Panchayat Returning Officer shall appoint such number 
of persons to be the— 
(a) Presiding Officer, and 
(b) Polling Officer, 
as may be necessary for holding elections or bye-elections to a Panchayat 
Provided that no person, who has been employed by or on behalf 
of, or has otherwise been working for, a candidate in or about the election 
or bye-election to a Panchayat, shall be appointed to be the Presiding 
Officer or Polling Officer for holding such election or bye-election, as 
the case may be. 
47 
The West Bengal State Election Commission Act, 1994. 
[West Ben. Act 
(Sections 7-10.) 
Staff of 
Commission. 
Fixing date 
and time for 
poll. 
Bar on 
jurisdiction 
of civil 
court. 
Grant by 
State 
Government. 
7. (1) The Commission shall have such staff, made available to it 
by the Governor when so requested by it, as may be necessary for the 
discharge of the functions conferred on it by sub-section (1) of section 
4 and sub-section (1) of section 5.. 
(2) The terms and conditions of service of the members of the staff 
made available to the Commission by the Governor shall be regulated 
in accordance with the rules regulating the terms and conditions of 
service of the employees of the State Government for the time being in 
force. 
8. The State Government shall, in consultation with the Commission, 
by notification, fix the date or dates on which, and the hours during 
which, the poll will be taken: 
Provided that the poll on any day shall continue for a period of not 
less than eight hours without interruption. 
9. Notwithstanding anything contained in this Act or in any other 
law for the time being in force,— 
(1) no civil court shall have jurisdiction— 
(a) to entertain or adjudicate upon any question whether 
any person is or is not entitled to have his name entered 
in the electoral roll for a constituency, or 
(b) to question the legality of any action taken by or under 
the authority of the State Election Commissioner relating 
to preparation and revision of an electoral roll; 
(2) the validity of any law relating to delimitation of 
constituencies or allotment of seats to such constituencies 
made or purporting to be made shall not be called in question 
in any court; 
(3) no election to any Panchayat or Municipality shall be called 
in question except by an election petition presented to such 
authority and in such manner as may be provided for by or 
under any law made by the State Legislature. 
10. (1) 'The State Government shall, under appropriation made by 
the State Legislature by law in this behalf, pay to the Commission by 
way of grant such sums of money and in such manner as the State 
Government may think fit for being utilised for the purposes of this Act. 
(2) The Commission may spend such sums of money as it thinks 
fit for performing the functions under this Act, and such sums of money 
shall be treated as expenditure payable out of the grant referred to in 
sub-section (1). 
48 
The West Bengal State Election Commission Act, 1994. 
VIII of 1994.] 
(Sections 11, 12.) 
11. (1) The Commission shall maintain proper accounts and other Accounts 
relevant records and prepare an annual statement of accounts in such and Audit.  
form as may be prescribed by the State Government in consultation with 
the Accountant-General, West Bengal. 
(2) The annual accounts of the Commission shall be audited by the 
Accountant-General, West Bengal. 
(3) The Accountant-General, West Bengal, shall have the same rights 
and privileges and the authority in connection with such audit as the 
Accountant-General, West Bengal, generally has in connection with the 
audit of Government accounts and, in particular, shall have the right to 
demand the production of books, accounts, connected vouchers and other 
documents and papers and to inspect any of the offices of the Commission. 
(4) The accounts of the Commission, as certified by the Accountant-
General, West Bengal, together with the audit report thereon shall be 
forwarded annually to the State Government by the Commission. 
12. (1) The State Government may, make rules which may provide Power to 
for all or any of the matters which, under any provision of this Act, are make rules. 
required to be prescribed or to be provided for by rules. 
(2) All rules made under this Act shall be published in the Official 
Gazette, and shall, unless some later date is appointed by the State 
Government, come into force on the date of such publication. 
(3) All rules made under this Act shall be laid for not less than 
fourteen days before the State Legislature as soon as possible after they 
are made and shall be subject to such modification as the State Legislature 
may make during the session in which they are so laid. 
49 

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