Section 13

Amendment status not verified — confirm the current text below against the official source.

The Sabha shall at its Sawani meeting consider Budeet of Sabha. by the Gram Panchayat and at its the budget prepared Hari meeting consider the reports of the working of the, or the Gram Panchayat and draw out development plan Sabha area.] 2» CHAPTER [I-A] Disputes Regarding Elections nless the context otherwise Definition. 13-A. In this Chapter, U requires,— inted in writing a sp a an! 0 Oo (a) “agent” means any per o be his agent by a candidate at an elect! ith the written for the purposes consent of such person » | —— d by Punjab Act No. Substitute y Punjab Act No. 26 sCinapter I-A inserted b © Scanned with OKEN Scanner 140 GRAM PANCHAYAT [1953 . Pb. Ac (b) “candidate” means a person Who has been claims to have been duly nominated ag a Candi date at an election, and any such Person s1 be deemed to have been a candidate as froy the time when, with the election in pros mn he began to hold himself out as 4 Prospective candidate ; (c) “corrupt practice’ means any of the Practices specified in section 13-U :; (d) “costs” means all costs, charges and e me *penses of, or incidental to, a trial of an election petition ; (e) “election” means an election to fj Il the office of a Sarpanch or Panch ; (f) “electoral right’? means the right of a person to stand or not to stand as, or to withdraw from being a candidate or to vote or refrain from voting at an election ; (g) “pleader” means any and plead for anoth includes an Advocate. Election peti- tions, 13- B. No arpanch or Panch shall be called in question except by an : . person entitled to appear er in a Civil Court and Presentation of Petitions. . 13-C. (7) Any member of { b n furnish’ Ing the prescribed security in he Sabha may, o the prescribed manner.— (2) where an election was held after the 12th August, 0 and before 60 and the 27th September, 1962, within thirty days of the latter ate; or (b) where an election is held after the 27th Septem: are 1962, wit in thirty days of the” date © “mouncement of the resulj thereof ;¥ Present on one or more . . +» sub- i . of the grounds specified in S section ‘paigy ceetion 130 to the prescribed authority 48 Person as a Sarpanch or Pee, gous the election 0 © Scanned with OKEN Scanner _— 1953 : Pb. Act 1V] GRAM PANCHAWAT 141 (2) The election petition shall b been presented to the prescribed authori to have (a) when it is delivered to the prescribed authority— (i) by the person making the petition ; or (ii) by a person authorised in writing i benalf by the person making the petition b) when it is sent by registered post and is deli to the prescribed wuthority” nd is delivered (3) An election petition pending before th i authority immediately before the ath Septenber. 1962 shall be decided and disposed of by the prescribed au- thority 1n accordance with the provisions of this Chapter after affording to the person who presented the election petition an opportunity to amend the petition. Contents of 13-D. (J) An election petition— ie} Peqwpon. (a) shall contain concise statement of the material facts on which the petitioner relies ; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice ; an (c) shall be signed by the petitioner and verified “4 down in the Code of Civil in the manner lal of Ci Procedure, 1908 (5 of 1908), for the verification of pleadings ; Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form 1n support of the allegation of such corrupt practice and the particulars thereof. 4 (2) Any schedule or annexure be signed by the petitioner and veri as the petition. e to the petition shall also fied in the same manner © Scanned with OKEN Scanner — 142 GRAM PANCHAYAT [1953 : Ph. Act ty peneflate th 13-E. If the prescribed security is n receiving ek the prescribed manner or the petition is tion petitions. ot furnisheg : : : : : not within the period specified in section 13-C, the _P'¢Sented authority shall dismiss the petition ; Prescribeg Provided that the petition shall not be dismij , out giving the petitioner an Opportunity of being Witt "Cossamiusioant 9 13-F. The Deputy Commissioner of t withdraw and Concerned may, at any stage after notic nsf pions. for reasons to be recorded, Withdraw any elections, am pending before a prescribed authority and transfer i for trial to another prescribed authority within his district; and upon such transfer, that prescribed auth ority shall nae with the trial from the Stage at which it wae oak. awn: he distrig, Provided that such authority may, if it thinks fit, recall and re-examine any of the witnesses already ‘examined. Procedure before 13-G. (1) Subject to the Provisions of this Act and = prescribed of any rules. made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (5 of 1908), to the trial of suits - _ Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded in writing to examine any witness or witnesses if itis of the opinion that their evidence is not material for the decision of the petition or that the party lendering such witness or wil- nesses is doing so on frivolous grounds or with a view (0 delay the proceedings. ; » (2) The provisions of the Indian Evidence Act, re (I of 1872), shall, subject to the provisions of pant be deemed to apply in all respects to the trial of an ele petition. . . at fore Appearance be- 13-H. Any appearance, application or, acl by the fole presctibed {he prescribed authority may be made or au act on aEEOR EN party in person or by a pleader duly appointed to a his behalf : © Scanned with OKEN Scanner 1953 : Pb. Act IV] GRAM PANCHAYAT 143 Provided that it shall be open to the prescribed au- thority to direct any party to appear in person whenever the prescribed authority considers it necessary 13-I. be gee ts authority shall have the powers Powers of the which are vested in a Court under the Code of Civil Pro- ptetetibed cedure, 1908 (S of 1908), when trying a suit j authofity. the following matters :— ying a suit in respect of (a) discovery and inspections ; (6) enforcing the attendance of witnesses and re- quiring the deposit of their expenses ; (c) compelling the production of documents ; (d) examining witnesses on oath : (e) granting adjournments ; (f) reception of evidence taken on affidavit ; and (g) issuing commissions for the examination of witnesses ; and may summon and examine suo moto any person whose evidence appears to it to be material ; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898(5 of 1898). Explanation.—For the purpose of enforcing the at- tendance of witnesses, the local limits of the jurisdiction of the prescribed authority shall be the limits of the {Union Teritory of Chandigarh.] 13-J. Notwithstanding anything in any enactment Docimenary to the contrary, no documents shall be inadmissible in ‘““*"™* evidence at the trial of an election petition on the ground that it is not duly stamped or registered. . he requir Secrecy of voting 13-K. No witness or other person shall be required Secrecy of voun to state for whom he has voted at an election. fringed. Substituted for the words ‘‘State of Punjab’’ by the Punjab Zila Parishads, Panchayat Samitis and Gram Sabhas (Reconstitution and Reorganisation) Order, 1969, © Scanned with OKEN Scanner 144 GRAM PANCHAYAT [1953 : Ph. Act ly ing of ctie 13-L. (/) No witness shall be excused from answer. Aniering que ing any question to any matter relevant to a Matter jp tions andcfert- issue in the trial of an election petition upon the ground nity. that the answer to such question may criminate of ma tend to criminate him, or that it may expose or ma y tend to expose him to any penalty or forfeiture ; Provided that— (a) a witness who answers truly all questions which he is required to answer shall be entitleq to receive a certificate of indemnity from the prescribed authority ; and (5) an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal pro- ceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding. (2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian: Penal Code (45 of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law. E ; wim | 13-M. The reasonable expenses incurred by any Person in attending to give evidence may be allowed by the Prescribed authority to such person, and shall, unless the Prescribed authority otherwise directs, be deemed to be part of the costs, Meclsion of the 13-N. (J) Where an electio: iti been . enewe n petition has not de yee autho dismissed under section 13-E, the prescribed authority shall inquire into the election petition and at the conclu Sion of the inquiry shall make an order (a) dismissing the election petition ; or (6) setting aside the election. © Scanned with OKEN Scanner 1953 :Pb. Act Ty] (2) At the time of m (/) the prescribed autho GRAM PANCHAYAT 145 aking an order under sub-section rity shall also make an order— (a) where any charge is made in the petition of any corrupt practice having been comm} ; election, recording mitted at the (i) a finding whether any corrupt practice has or has not been proved to have been commit- led at the election and the nature of that corrupt practice ; and (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any Corrupt practice and the nature of that practice ; and (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid : Provided that a person who is not a party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless— (a) he has been given notice to appear before the prescribed authority and to show cause why he should not be so named ; and (5) if he appears in pursuance of the notice, he has been given an opportunity of cross-examin- ing any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard. _ 13-0. (J) If the prescribed authority is of the Grounds for - setting aside Opinion— elections. (a) that on the date of his election the elected person was not qualified, or was disqualified, to be elected under this Act ; or (b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent ; or . (c) that any nomination has been improperly re- Jected ; or © Scanned with OKEN Scanner 146 GRAM PANCHAYAT [1953 : Pb. Ag ly the result of the election in go far as : “ Sones the elected person, has been m It aterially affected— (i) by the improper acceptance of any Nomination, or (ii) by the improper reception, refusal or of any vote or the reception of Tejection which is void : or | any vote (it) by any non-compliance with t of this Act or of any rule this Act ; the prescribed authority shall set aside the election of the elected person. he provisions S made under (2) When an election has ; been set aside under sub- Section (1), a fresh election shall be held. Adetemen t en 13-P. An election petition shall abate only on the tions. death of a sole petitioner or of the Survivor of several petitioners. merece out th 13-Q. (1) Costs including pleaders’ fees shall be in of any “He discretion of the Prescribed authority. on ~ such Posits, de bee Or so far as possible, ou or ie Fonti ade by Such part under this Chapter on an ‘pplication made in writing in that behalf within 4 Deputy Com: Year “a the date of such order to on 5 : l Costs have been awarde4., © person in whose favot (3) If there j : sit under this C pter sctlance left of the security depo ‘on (J) . Payment under sub-section ( Or where “Tred to in that sub-section, such balan® ded or no applicator ne the said period vn ‘ Id Security deposit may, uty OMMissioner by chat behalf in writing to the DeP ° as Person by whom the security } © Scanned with OKEN Scanner 1953 : Pb. Act IV] GRAM PANCHAYAT 147 been deposited or if such per : person dies aft ‘ deposit, e fe legal representative ot aa making such returned tO e said person or to his | such person, be as the case may be. s legal representative, 13-R. Any order ast | this Chapter may be roduced before { the provisions of Execution court within the local limits of whe the principal civil _ ° erson directed by such order to cay ay auto a any has a place of residence or business and such co t shail execute the order or cause the same to be executed i a“? same mannet and by the same procedure as if it es ; decree for the payment of money made by itself in a suit : Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section (2) of section 13-Q, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an apP i- cation has been made under that sub-section owing to in- sufficiency of the amount of the security deposit referred to in that sub-section. Restoration tO certain 13-S. (J) Subject to the ee of an eee petition Soro -section (1) ° section 13-C, 4 person, persons whose made Sosa a or Panch held after the 12th election was set ber, 1962, was ; e the 27th Septem ch commence set aside by the prescribee a ment, shall be deemed to be duly or Panch, as the case may 0e,; office of such Sarpanch oF Panch. er sub-section : . n (2) On the restoration 2 a pethe vacancy cau e (1), any other person © ected ¢ < ving result of the election of such pe san 5 shall cease to be 4 Sarpanch oF S80 i upt | ified in section 13-U Calling disqualifi- Gram cation. 4g 1 ) ec 13-T. The corrupt practices SP ship © lification for member som the date to such shall entail disqua} ars COU Panchayat for a period © five yearned authority as on which the finding of the prescr practice has been given - ror reas to - or reasons ment mays or reduce the Provided that the Govern be recorded, remove the disqualilie period thereof practices. © Scanned with OKEN Scanner 148 GRAM PANCHAYAT Ct 7] Corrupt practices. 13-U. The following shall be deemed to b V practices for the purposes of this Chapter -_ °° Corry, (1) Bribery, that is to Say,— (A) any gift, offer or promise by cang; agentor by any other person with ate OF hig of'a candidate or his agent of any gratinc rent to any person whomsoever Cation, : Ace » Wit . directly or Indirectly of inducing“ Object, Or aS a reward to— (?) a person for having so stood Or not stood, or for having withdrawn his Candidature ; or 9 (ii) a member of the Sabha for ha ving voted or refrained from voting ; (B) the receipt of, o Teceij T agreement to receive any gratification, whet her as a motive or a.reward— (a) bya Person for standing or not standing as, or for withdrawing from bein g, a candidates; or (5) by any person whomsoever for himself or any other person for Voting or refraining from Voting, or inducing or attempting to Induce any member of the Sabha to vote oF refrain from Voting, or any candidate t0 withdraw his candidature. MESHE Pa #xplanation,—F or the purposes of this clause, the te"™ gratification” is not restricted to pecuniat) gratification or gratifications _ estimable Fore money and it includes all forms of On ot fainment and all forms of employment nt “ward but it does not include the payme © Scanned with OKEN Scanner 1953: Pb. Act IV] GRAM PANCHAYAT 149 of any expenses bona fide ; nses a fide incurred at for the purpose of, any election. - (2) Undue influence, that is to é i Indirect interference or attempt to “iter on the part of the candidate or his agent, or of any other person with the consent of the candidate or his agent, with the free exercise of any electoral right : Provided that— (a) without prejudice to the generality of the provisions of this clause, any such person as 1s referred to therein who— (i) threatens any candidate or a inember of the Sabha, or any person in whom a candi- date or such member is interested, with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community; or (ii) induces or attempts to induce a candidate or a member of the Sabha to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure ; shall be deemed to interfere with the free exercise of the electoral right of such candidate or a member of the Sabha within the meaning of this clause ; (6) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause. (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to, religious symbols or the use of, © Scanned with OKEN Scanner 150 Provided that t GRAM PANCHAYAT [1953 : Ph. Act ty yeal to, national symbols, such ag the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate, (4) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate or his agent or any other person with the consent of a candidate or his agent for the furtherance of the Prospects of the election of that candidate or for prejudicially affecting the election of any candidate. of any vehicle by a candidate or his aeent or by any other person with the consent of a candidate or his «gent, for the conveyance of any member of th | 7 date himseif e Sabha (other than the candi > the members is fami is agent) to or Ts of his fa mily or h from an olling stati ided or 4 place fixeg for the’ poll wal PECYAe he hiring of a vehicle by a member ofthe Sabha or by several members at their Joint Costs for the Purpose of conveying him Or them to and from any such Polling station Or place fixeq for the ] deemed to be practice unde (ee © Scanned with OKEN Scanner 1953 : Pb. Act IV] GRAM PANCHAYAT 151 the use of an i y public ans any membe at his own cost for the ptitpoes off cine to or coming from any such_polli j place fixed for the poll shall not be deemed to be a corrupt practice under this clause Provided further that transpori vehicle by Explanation,—In this clause, the expression “vehicle” means any vehicle used or ‘capable ie used for the purpose of road transport wetter propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (7) The obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent, or by any other pzrson with the consent of a candidate or his agent, any assis- tance (other than the giving of vote) for the furtherance of the prosp2cts of that candidate’s election, from any person in the service of the Government, the Government of India or the Government of any other State or a local authority. CHAPTER III GRAM PANCHAYATS—CONDUCT OF BUSINESS, DUTIES, FUNCTIONS AND POWERS