WEST BENGAL STATE ELECTION COMMISSION ACT, 1994 THE WEST BENGAL STATE ELECTION COMMISSION ACT, 1994 [Act No. 08 of 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 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; It is hereby enacted in the
Forty-fifth Year of the Republic of India, by the Legislature of West Bengal,
as follows:- (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. 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; (g)
"Municipality" has the same meaning as in clause (c) 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; (l)
"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- (i)
the Bengal Municipal Act, 1932 (Ben. Act XV of 1932), (ii)
theChandernagore 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)
theSiliguri Municipal Corporation Act, 1990 (West Ben. Act XXX of
1990), (vii)
the Asansol Municipal Corporation Act, 1990 (West Ben. Act XXXI of
1990), or (viii)
theChandernagore Municipal Corporation Act, 1990 (West Ben. Act
XXXII of 1990). (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. (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. (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 (1), 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(West Ben. Act XLI of 1973),
and the rules made thereunder in so far as they are not in consistent with the
provisions of this Act or the rules made thereunder. (1) The
superintendence, direction and control of the preparation of electoral rolls
for, and the conduct of, all elections to the Municipalities 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 Municipality to such extent and in such manner as the State
Election Commissioner thinks fit. (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 (Ben. Act XV of 1932), (b)
theChandernagore Municipal Act, 1955 (West Ben. Act XVIII of
1955), (c)
the Howrah Municipal Corporation Act, 1980 (West Ben. Act LVIII of
1980), (d)
the Calcutta Municipal Corporation Act, 1980 (West Ben. Act LIX of
1980), (e)
theSiliguri Municipal Corporation Act, 1990 (West Ben. Act XXX of
1990), (f)
the Asansol Municipal Corporation Act, 1990 (West Ben. Act XXXI of
1990), or (g)
theChandernagore Municipal Corporation Act, 1990 (West Ben. Act
XXXII of 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. (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 Panchayats, 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. (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. (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. 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. 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. (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 utilized 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). (1)
The Commission shall maintain proper accounts and other relevant
records and prepare an annual statement of accounts in such 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. (1)
The State Government may, make rules which may provide for all or
any of the matters which, under any provision of this Act, are 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.
Preamble - WEST BENGAL STATE ELECTION COMMISSION ACT, 1994PREAMBLE