Rural Local Bodies - state election commission, andhra pradesh

206 Pages·2011·1.11 MB·English

MANUAL OF ELECTION LAW
PANCHAYAT RAJ

A.P. STATE ELECTION COMMISSION
1st Floor, New HODs Building,
Opp: Indira Gandhi Municipal Stadium,
M.G. Road, Vijayawada-520 010.
[2018]

i
FOREWORD

The law relating to Panchayat Raj elections, both direct and indirect, is dispersed in
various provisions contained in the Andhra Pradesh Panchayat Raj Act, 1994 and various sets
of Rules issued thereunder. There are also certain orders issued by the State Election
Commission under Article 243K of the Constitution of India governing the conduct of
elections.

Experiences in the last ordinary elections have shown that for the convenience of the
official machinery involved in the Panchayat Raj elections, all these provisions of law should
be brought at one place in the shape of a Manual. Further, the Panchayat Raj Act has been
amended by the Andhra Pradesh Panchayat Raj (Amendment) Act 2006. Following these
amendments, the rules relating to the conduct of direct and indirect elections have also been
revised and reissued. These large scale changes in the law made it all the more necessary to
prepare and publish this manual by the State Election Commission. I hope that this manual
will facilitate the officers and staff involved in the elections for efficient discharge of their
duties and responsibilities.

DR. N. RAMESH KUMAR
STATE ELECTION COMMISSIONER
ANDHRA PRADESH
ii
P A R T - I

RELEVANT PROVISIONS OF THE CONSTITUTION OF INDIA, PESA ACT
1996, REPRESENTATION OF THE PEOPLE ACT 1950 & 1951, INDIAN
PENAL CODE 1860 AND CODE OF CRIMINAL PROCEDURE 1973
A.P. PANCHAYAT RAJ ACT 1994 AND OTHER ENACTMENTS

Page
Extracts from the Constitution of India 1-8
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 9-10
Extracts from the Representation of the People Act, 1950 11-13
Extracts from the Representation of the People Act, 1951 14-15
Extracts from the Indian Penal Code, 1860 16-20
Extracts from the Code of Criminal Procedure, 1973 21

P A R T - II

RELEVANT PROVISIONS OF THE ANDHRA PRADESH PANCHAYAT RAJ
ACT 1994 AND ANDHRA PRADESH (SCs, STs & BCs) REGULATION OF
ISSUE OF COMMUNITY CERTIFICATES ACT 1993

Provisions relating to elections in Andhra Pradesh Panchayat Raj Act, 1994 22-68
Extract of Section 12 of the Andhra Pradesh (Scheduled Castes, Scheduled Tribes 69
& Backward Classes) Regulation of Issue of Community Certificates Act, 1993

P A R T - III

RULES RELATING TO CONDUCT OF ELECTIONS MADE UNDER THE
ANDHRA PRADESH PANCHAYAT RAJ ACT 1994

The Andhra Pradesh Panchayat Raj (Preparation And Publication Of Electoral Rolls) 70-72
Rules, 2000 (G.O.Ms.No.254, PR & RD Dept., Dt.4.8.2000).
The Andhra Pradesh Panchayat Raj (Conduct of Elections of Members and 73-149
Sarpanch of Gram Panchayats, Members of Mandal Praja Parishads and Members
of Zilla Praja Parishads) Rules, 2006 (G.O.Ms.No.142, PR & RD Dept., Dt.3.5.2006).
The Andhra Pradesh Conduct of Election of Member (Co-opted), President and 150-167
Vice-President of Mandal Praja Parishad and Member (Co-opted), Chairperson and
Vice-Chairperson of Zilla Praja Parishad Rules, 2006 (G.O.Ms.No.173, PR & RD
Dept., Dt.10.5.2006).
The Andhra Pradesh Panchayat Raj (Conduct of Elections of Upa-Sarpanch of Gram 168-171
Panchayat) Rules, 2006 (G.O.Ms.No.172, PR & RD Dept., Dt.10.5.2006).
The Andhra Pradesh Panchayat Raj (Election Tribunals in respect of Gram 172-176
Panchayats, Mandal Praja Parishads and Zilla Praja Parishads) Rules, 1995
(G.O.Ms.No.111, PR & RD Dept., Dt.3.3.1995).

iii
PART-I

RELEVANT PROVISIONS OF
THE CONSTITUTION OF INDIA,
PESA ACT 1996,
REPRESENTATION OF THE PEOPLE ACT 1950 & 1951,
INDIAN PENAL CODE 1860 AND
CODE OF CRIMINAL PROCEDURE 1973

iv
EXTRACTS FROM THE CONSTITUTION OF INDIA

Article Page No.
40 Organisation of Village Panchayats 1
173 Qualification for membership of the State Legislature 1
191 Disqualification for membership (MLA / MLC) 1

243 Definitions 2
243A Gram Sabha 2
243B Constitution of Panchayats 2
243C Composition of Panchayats 2
243D Reservation of Seats 3
243E Duration of Panchayats, etc. 4
243F Disqualifications of membership 4
243G Powers, authority and responsibilities of Panchayats 4
243H Powers to impose taxes by, and Funds of, the Panchayats 5
243I Constitution of Finance Commission to review financial position 5
243J Audit of accounts of Panchayats 5
243K Elections of the Panchayats 6
243L Application to Union Territories 6
243M Part not to apply to certain areas 6
243N Continuance of existing laws and Panchayats 7
243O Bar to interference by Courts in electoral matters 7

324 Superintendence, direction and control of elections to be vested in an 8
Election Commission

PROVISIONS OF THE PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS)
ACT, 1996 (CENTRAL ACT 40 OF 1996)

Section Contents Page No.
1 Short Title 9
2 Definition 9
3 Extension of Part IX of the Constitution 9
4 Exceptions and modifications to Part IX of the Constitution 9
5 Continuance of existing laws and Panchayats 10
v
EXTRACT FROM THE REPRESENTATION OF THE PEOPLE ACT, 1950

Section Contents Page No.
13A Chief Electoral Officers 11
13AA District Election Officers 11
13B Electoral Registration Officers 11
13C Assistant Electoral Registration Officers 11
21 Preparation and Revision of Electoral Rolls 12
22 Correction of Entries in Electoral Rolls 12
23 Inclusion of Names in Electoral Rolls 12
24 Appeals 13

EXTRACT FROM THE REPRESENTATION OF THE PEOPLE ACT, 1951

Section Contents Page No.
8 Disqualification on conviction for certain offences 14-15
vi
EXTRACT FROM THE INDIAN PENAL CODE, 1860

Section Contents Page No.
CHAPTER IXA - OFFENCES RELATING TO ELECTIONS 16
171A ‘Candidate’, ‘Electoral right’ defined 16
171B Bribery 16
171C Undue influence at elections 16
171D Personation at elections 16
171E Punishment for bribery 17
171F Punishment for undue influence or personation at an election 17
171G False statement in connection with an election 17
171H Illegal payments in connection with an election 17
171I Failure to keep election accounts 17
OTHER RELEVANT PROVISIONS OF I.P.C., 1860
144 Joining unlawful assembly armed with deadly weapon 17
177 Furnishing false information 17
178 Refusing oath or affirmation when duly required by public servant to 18
make it.
179 Refusing to answer public servant authorized to question. 18
180 Refusing to sign statement. 18
181 False statement on oath or affirmation to public servant or person 18
authorized to administer an oath or affirmation.
182 False information with intent to cause public servant to use his lawful 18
power to the injury of another person.
186 Obstructing public servant in discharge of public functions 19
187 Omission to assist public servant when bound by law to give assistance 19
188 Disobedience to order duly promulgated by public servant 19
189 Threat of injury to public servant 19
190 Threat of injury to induce person to refrain from applying for protection 19
to public servant
332 Voluntarily causing hurt to deter public servant from his duty 20
333 Voluntarily causing grievous hurt to deter public servant from his duty 20
353 Assault or criminal force to deter public servant from discharge of his 20
duty.
505 Statements conducing to public mischief 20

EXTRACT FROM THE CODE OF CRIMINAL PROCEDURE, 1973

Section Contents Page No.
195 Prosecution for contempt of lawful authority of public servants, for 21
offences against public justice and for offences relating to documents
given in evidence.
vii
PART-II

RELEVANT PROVISIONS OF
THE ANDHRA PRADESH PANCHAYAT RAJ ACT 1994
AND
ANDHRA PRADESH (SCs, STs & BCs) REGULATION OF
ISSUE OF COMMUNITY CERTIFICATES ACT 1993

viii
PROVISIONS RELATING TO ELECTIONS IN
ANDHRA PRADESH PANCHAYAT RAJ ACT, 1994
(ACT 13 OF 1994)

Section Contents Page No.
PART-I
PRELIMINARY
2 Definitions 22-23
PART-II
GRAM PANCHAYAT
CHAPTER-I
CONSTITUTION, ADMINISTRATION AND CONTROL OF
GRAM PANCHAYATS

3 Declaration of a village for the purposes of this Act 24
4 Constitution of Gram Panchayats for villages and their incorporation 25
7 Total strength of a Gram Panchayat 25
8 Election of Members 26
9 Reservation of seats of Members of Gram Panchayat 26
10 Division wards 26
11 Preparation and publication of electoral roll for a Gram Panchayat 26
12 Rearrangement and republication of electoral rolls 27
13 Term of office of Members 28
14 Election and term of office of Sarpanch 28
15 Reservation of office of Sarpanch 29
16 Fresh elections in certain cases 30
17 Qualification of candidates 30
18 Disqualification of certain office holders etc 30
19 Disqualification of Candidates 31-32
19A Disqualification on ground of corrupt practice or election offences 33
19B Disqualification for failure to lodge account of election expenses 33
20 Disqualification of Members 33
20 A Disqualification of Sarpanch or Upa-Sarpanch for failure to convene the 34
meetings of Gram Sabha
20 B Disqualification of Sarpanch or Upa-Sarpanch for failure to close audit of 34
accounts
21 Restoration of Members to office 34
22 Authority to decide questions of disqualification of Members 34
23 Resignation of Members, Upa-Sarpanch, Sarpanch 35
24 Cessation of Upa-Sarpanch 35
ix
PART-III
CONSTITUTION AND INCORPORATION, COMPOSITION,
POWERS, FUNCTIONS, ETC., OF MANDAL PRAJA PARISHADS
148 Constitution and incorporation of Mandal Praja Parishads 36
149 Composition of Mandal Praja Parishad 37
150 Division of Mandal into constituencies 37
151 Election of Members from territorial constituencies 38
152 Reservation of seats of Members of Mandal Praja Parishad 38
153 Election, reservation and term of office of President and Vice-President 39
153A Resolution of disputes relating to cessation for disobedience of party 40
whip
154 Term of office of the Member of Mandal Praja Parishad 40
155 Qualification of candidates for election 40
156 Disqualifications 40
157 Resignation of President, Vice-President or Member 41
158 Permanent invitees to the meetings of the Mandal Praja Parishad 41
173 Election expenses to be borne by the Government 41
PART-IV
CONSTITUTION, INCORPORATION, COMPOSITION, POWERS,
FUNCTIONS, ETC., OF ZILLA PRAJA PARISHADS
177 Constitution, Incorporation and Composition of Zilla Praja Parishad 42
178 Mandals to be territorial constituencies 43
179 Election of Members from Territorial Constituencies 43
180 Reservation of seats of Members of Zilla Praja Parishad 43
181 Election of Chairperson and Vice-Chairperson 44
181A Resolution of disputes relating to cessation for disobedience of party 45
whip.
182 Term of Office of a Member of a Zilla Praja Parishad 45
183 Qualification of candidates for election 46
184 Disqualifications 46
188 Permanent invitees to Zilla Praja Parishad 46
PART-V
CONSTITUTION OF STATE ELECTION COMMISSION, CONDUCT
OF ELECTION AND ELECTION OFFICERS
CHAPTER-I
ELECTION COMMISSION AND CONDUCT OF ELECTIONS
200 Constitution of the State Election Commission 47
201 Powers and functions of the State Election Commissioner 47
201A Voting Machines at elections 47
202 Symbols for elections under the Act 48
x