PUNJAB STATE ELECTION COMMISSION ACT, 1994 THE PUNJAB STATE ELECTION COMMISSION ACT, 1994 [Act No. 19 of 1994] [7th September, 1994] 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 Punjab in the Forty-fifth year of the republic of India as follows:- (1) This Act may be called the Punjab State Election Commission Act, 1994. (2) It shall come into force at once. 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 Commissioner" 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; (j) "Financial Commissioner" shall mean the Financial Commissioner appointed as such under the Punjab Land Revenue Act, 1887; (k) "Governor" means the Governor of the State of Punjab; (l) "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 the preparation or revision of every electoral roll means the First 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 Article 243 S of the Constitution of India. (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 the 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. (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 Financial 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 such age of superannuation, as may from time to time be fixed by the State Government, shall be appointed as Election Commissioner. (2) On ceasing to hold office of Election Commissioner, he shall be ineligible for any further appointment under the State Government. 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 eligible 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 Election 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. (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 Commissioner attains the age of [1] [sixty-five years] before the expiry of the said term of five years, he shall vacate his office on the date on which he attains the said age: Provided further that the Election Commissioner may, at anytime, by writing under his hand, addressed to the Governor, resign his office. (2) The Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court. (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 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 his 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. (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 Election 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; (Central Act XXVIII of 1954); (b) such pension (including commutation of pension), family pension and gratuity, as are admissible to a Judge of the High Court under the said Act, and the rules made thereunder. (3) Except where the Election Commissioner demits office by resignation, he shall be deemed for the purposes of this Act, to have demitted his office, if, - (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. The Election Commissioner shall be entitled to subscribe to the General Provident Fund of the State of Punjab. Save as otherwise provided in this Act, the conditions of service relating to travelling allowances, rent-free accommodation and exemption from payment of income tax 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. 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 stands 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 guilty of any offence punishable under Section 153A or section 171E or section 171F or section 376 or section 376A Or section 376B or section 376C or section 376D or section 498A or section 505 of the Indian Penal Code, 1960 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 (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 with, 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 body owned or controlled by the State Government or Government of India, has been dismissed from service, unless a period of four years has elapsed since his dismissal. (1) If any question arises as to whether a member or any Panchayat or Municipality has become subject to any of the disqualifications specified in Article 243 For 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. (1) The State Government may appoint one or more than one Deputy Election Commissioners to assist the Election Commissioner in the discharge of 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. (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. (1) The electoral rolls for each Panchayat or Municipality shall be prepared and revised by an Electoral Registration Officer who shall be such Officer of the State Government or of a local authority, as the Election Commission may, in consultation 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. (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 of a local authority as a Returning Officer or one or more 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 functions of the Returning Officer: Provided that no Assistant Returning Officer shall perform any of the functions of the Returning Officer 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. Reference in this Act to the Returning Officer shall, 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. 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 thereunder. 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 part 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. (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: 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 employed by or on behalf of, or has been otherwise working for, a candidate in or about the election, to be the Polling Officer during the absence of the former officer, and inform the District Electoral Officer accordingly: Provided further that nothing in this 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 performed 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. 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. 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. 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 election 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 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. 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. 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, 1987; 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. No person shall be entitled to be registered in the electoral roll for more than one constituency. No person shall be entitled to be registered in the electoral roll for any constituency more than once. 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. (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 place 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 reason 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 constituency 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 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. (1) The electoral roll for each constituency shall be prepared in the prescribed manner by reference to the qualifying date 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 (ii) before each bye-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 electoral 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. If the Electoral Registration Officer for a constituency, on application made 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 ground 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 or 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 clause (c), except in the case of death of a person, the Electoral 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. (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 applicant 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 shall 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 that constituency and before the completion of that election. 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. 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. As soon as the notification calling upon a constituency to elect a member or members is issued, the Election Commission shall, by notification in the Official Gazette, appoint - (a) the last date for making nominations, which shall be the [2] [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 scrutiny 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 shall be the [3] [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 [4] [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. On the issue of a notification under section 57, 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. 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. (1) On or before the 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 this behalf in the notice issued under Section 36, a 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 the prescribed manner by the Election Commission to the effect that he has not been dismissed for corruption or disloyalty to the State. (4) On the presentation of nomination paper, the Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidates and his proposer as entered in the nomination paper are the same as those entered in the electoral rolls: Provided that no misnomer or inaccurate description or clerical or technical or printing error in regard to the name of the candidate or his proposer or any other person, or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical or technical or printing error in regard to the electoral rolls numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood; and the Returning Officer shall permit any such misnomer or inaccurate description or clerical or technical or printing error to be corrected and where necessary direct that any such misnomer, inaccurate description, clerical or technical or printing error in the electoral roll or in the nomination paper shall be overlooked. (5) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper: Provided that not more than four nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer for election in the same constituency. (1) A candidate shall not be deemed to be duly nominated for election from a constituency unless he deposits or causes to be deposited a prescribed amount for an election to a Panchayat or a Municipality: Provided that where a candidate has been nominated by more than one nomination papers for election in the same constituency, not more than one deposit shall be required by him under this sub-section. (2) Any sum required to be deposited under sub-section (1), shall not be deemed to have been deposited under that sub-section unless at the time of delivery of the nomination paper under sub-section (1) of section 38, the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in a Government Treasury. The Returning Officer shall on receiving the nomination paper under sub-section (1) of section 38, inform the person or persons delivering the same of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him, and shall as soon as may be, thereafter, cause to be affixed in some conspicuous place in his office, a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the proposer. (1) On the date fixed for the scrutiny of nominations under section 35, the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at such time and place as the Returning Officer may appoint, and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and in the manner laid down in section 38. (2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry, if any, as he thinks necessary, reject the nomination on any of the following grounds, namely:-- (a) that on the date fixed for the scrutiny of nominations, the candidate either is not qualified or is disqualified for being chosen to fill the seat under this Act; or (b) that there has been a failure to comply with any of the provisions of section 38 or section 39. (3) Nothing contained in clause (b) of sub-section (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed. (4) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character. (5) The Returning Officer shall endorse on each nomination paper-; his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection. (6) For the purposes of this section, a certified copy of an entry in the electoral roll for the time being in force of the constituency shall be conclusive evidence of the fact that the person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification specified under this Act. (7) Immediately after all the nomination papers have been scrutinized and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of validly nominated candidates, that is to say, candidates whose nominations have been found valid, and affix it to the notice board of his office. (1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars, as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 35 to the Returning Officer either by such candidate in person or by his proposer, or election agent who has been authorised in this behalf in writing by such candidate. (2) No person who has given a notice of withdrawal of his candidature under sub-section (1), shall be allowed to cancel the notice. (3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office. (1) Immediately after the expiry of the period within which candidatures may be withdrawn under sub-section (1) of section 42, the Returning Officer shall prepare and publish in such form and manner, as may be prescribed, a list of contesting candidates, that is to say, candidates who were included in the list of validly nominated candidates and who have not withdrawn their candidatures within the said period. (2) The list referred to in sub-section (1) shall contain the names in alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars as may be prescribed. A candidate at an election may appoint in the prescribed manner any one person other than himself to be his election agent end when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer. Any person who is for the time being disqualified under the Constitution of India or under this Act for being a member of a Panchayat or a Municipality or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at any election. (1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer. (2) In the event of such a revocation or of the death of an election agent whether that event occurs before or during the election, the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer. A contesting candidate or his election agent may appoint in the prescribed manner such number of agents and relief agents as may be prescribed to act as polling agents of such candidate at each polling station provided under section 19. A contesting candidate or his election agent may appoint in the prescribed manner one or more persons but not exceeding such number, as may be prescribed, to be present, as his counting agent or agents at the counting of votes and when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer. (1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such officer, as may be prescribed, and in the event of such a revocation or of the death of a polling agent, before the close of the poll, the candidate or his election agent, may appoint in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment in the prescribed manner to such officer, as may be prescribed. (2) Any revocation of the appointment of a counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent, before the commencement of the counting of votes, the candidate or his election agent, may appoint in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment in the prescribed manner to the Returning Officer.
Preamble - THE PUNJAB STATE ELECTION COMMISSION ACT, 1994PREAMBLE
Print Judgement
