The PUNJAB STATE ELECTION COMMISSION ACT, 1994

punjab · 1994

The scanned source for this Act is imperfect — headings or section boundaries may be off. Verify against the official source.

S. 1—
S. 2Section 2 defines key terms used in the Punjab State Election Commission Act, 1994, including "candidate," "constituency," "elector," and "election."
S. 3Section establishes a State Election Commission to oversee and conduct elections for local bodies in Punjab.
S. 4Section 4 appoints an Election Commissioner for state elections, specifying qualifications and disqualifications.
S. 5Section 5 sets the Election Commissioner's salary equal to a High Court Judge's, with reductions for pensions from previous government service.
S. 6Section 6 details the term and removal conditions for the Election Commissioner in Punjab.
S. 7Section 7 allows former state government employees to carry forward leave and grants leave-granting power to the Governor.
S. 8Section 8 details the retirement and pension benefits for the Election Commissioner upon assuming or leaving office.
S. 9The Election Commissioner shall be entitled to subscribe to the General Provident Fund of the State of Punjab
S. 10Section 10 specifies that Election Commissioner's service conditions mirror those of High Court Judges.
S. 11Section 11 of the Punjab State Election Commission Act, 1994, outlines various disqualifications for membership in a Panchayat or Municipality.
S. 12Section 12 refers disqualification questions to the State Government for final decision after consulting the Election Commission.
S. 13Section 13 allows the State Government to appoint Deputy Election Commissioners and Secretaries to assist the Election Commissioner in election duties.
S. 14Section 14 designates a District Electoral Officer to oversee electoral roll preparation and other election-related duties in each district.
S. 15Section 15 mandates the preparation and revision of electoral rolls for Panchayats and Municipalities by designated Electoral Registration Officers.
S. 16Section 16 designates a Returning Officer and Assistant Returning Officers for each constituency in local elections.
S. 17Section 17 includes Assistant Returning Officers in references to Returning Officers in the Act.
S. 18Section 18 mandates the Returning Officer to conduct elections as per the Act and related rules.
S. 19Section 19 mandates the District Electoral Officer to establish polling stations with Election Commission approval and publish the list as directed.
S. 20Section 20 outlines the appointment and duties of Presiding Officers and Polling Officers in polling stations during elections.
S. 21Section 21 mandates the Presiding Officer to maintain order and ensure fair polling at the station.
S. 22Section 22 mandates the Polling Officer to aid the Presiding Officer in executing their duties at the polling station.
S. 23Section 23 assigns state government officers to the Election Commission for election duties, making them subject to its control.
S. 24Section 24 mandates the preparation of electoral rolls for Panchayats and Municipalities under the Election Commission's supervision.
S. 25Section 25 disqualifies individuals from electoral rolls if they are not Indian citizens, of unsound mind, convicted of certain offenses, or disqualified under election-related laws.
S. 26No person shall be entitled to be registered in the electoral roll for more than one constituency
S. 27No person shall be entitled to be registered in the electoral roll for any constituency more than once
S. 28Section 28 allows individuals aged 18+ and ordinarily residing in a constituency to be registered on its electoral roll.
S. 29Section 29 clarifies who is considered ordinarily resident in a constituency for election purposes despite temporary absences or special circumstances.
S. 30Section 30 outlines the preparation, revision, and special revision of electoral rolls for constituencies in Punjab.
S. 31Section 31 allows the Electoral Registration Officer to correct, transpose, or delete entries in the electoral roll based on certain conditions, after giving the person a chance to be heard.
S. 32Section 32 allows individuals to apply for inclusion in an electoral roll and mandates the officer to register eligible applicants, barring post-election changes.
S. 33Section 33 allows appeals against Electoral Registration Officer orders to the Election Commission within prescribed time.
S. 34Section 34 mandates that applications and appeals for elections must include a non-refundable fee.
S. 35Section 35 outlines the Election Commission's duties to set dates for nominations, scrutiny, withdrawals, polling, and election completion.
S. 36Section 36 mandates the Returning Officer to publicly announce election details and nomination submission process.
S. 37Section 37 allows any qualified person to be nominated as a candidate for state election seats.
S. 38Section 38 outlines the requirements for candidates to submit nomination papers and specific conditions for reserved seats and disqualified ex-office holders.
S. 39Section 39 mandates candidates to deposit a specified amount for election to a Panchayat or Municipality to be considered duly nominated.
S. 40Section 40 mandates the Returning Officer to inform candidates of nomination scrutiny details and affix a notice in his office.
S. 41Section 41 outlines the scrutiny and examination process for election nominations by the Returning Officer in Punjab.
S. 42Section 42 allows candidates to withdraw their candidature before a specified deadline, but once withdrawn, it cannot be canceled.
S. 43Section 43 mandates the Returning Officer to publish a list of contesting candidates after candidature withdrawal period.
S. 44Section allows a candidate to appoint an election agent to represent them in the election process.
S. 45Section 45 disqualifies individuals disqualified from Panchayat or Municipality membership or voting from being election agents.
S. 46Section 46 allows candidates to revoke election agents' appointments and appoint new ones if the agent dies or is revoked.
S. 47Section allows contesting candidates or their agents to appoint polling agents at each polling station.
S. 48Section allows candidates to appoint counting agents to observe vote counting, notifying the Returning Officer.
S. 49Section 49 allows candidates to revoke and replace polling and counting agents before elections and counting, with proper notice.
S. 50Section 50 authorizes polling and counting agents to perform specific election-related functions under the Punjab State Election Commission Act, 1994.
S. 51Section 51 allows contesting candidates and their agents to be present at polling stations and perform authorized election duties.
S. 52Section 52 allows acts required in the presence of election agents to proceed validly if agents don't attend.
S. 53Section 53 mandates the countermanding of an election and re-initiation if a candidate dies before the poll.
S. 54(1) If the number of contesting candidates is more than the number of seats to be filled, a poll shall be taken
S. 55Section 55 ensures that a member of Scheduled Castes is not disqualified for non-reserved seats if qualified.
S. 56Section 56 mandates the Election Commission to call for a new election to fill a vacant seat in a Panchayat or Municipality.
S. 57Section 57 mandates the Election Commission to set and publish polling hours, ensuring at least eight hours per day.
S. 58Section 58 allows the adjournment of polls in emergencies due to violence, natural calamities, or other sufficient causes.
S. 59Section 59 mandates reporting and corrective actions for election disruptions, including voiding and re-polling if necessary.
S. 60Section 60 outlines procedures for declaring elections void or adjourning polls due to booth capturing.
S. 61Section mandates that votes must be cast by ballot in person, not by proxy, during elections.
S. 62Section 62 allows postal ballots for certain detained individuals in specified election constituencies.
S. 63Section 63 prevents personation by marking voters' thumbs with indelible ink and requiring identity card production.
S. 64Section 64 specifies the manner for using voting machines in elections, overriding other provisions.
S. 65Section 65 outlines who is eligible to vote, disqualifications, and restrictions on multiple or repeat voting in Punjab elections.
S. 66Section 66 ensures candidates and their agents can observe vote counting at elections in Punjab.
S. 67Section 67 outlines procedures for handling lost, damaged, or tampered ballot papers, directing the Election Commission to either void the poll or resume counting.
S. 68Section 68 mandates the Returning Officer to decide by lot if one vote could change election outcome.
S. 69Section 69 mandates the Returning Officer to declare election results after vote counting, unless the Election Commission directs otherwise.
S. 70As soon as may be
S. 71Section 71 declares elected members for Panchayats or Municipalities, deeming them constituted upon notification, except for delayed or extended elections.
S. 72Section 72 declares the date a candidate is declared elected by the Returning Officer as the official election date.
S. 73Section 73 establishes Election Tribunals in districts for election disputes, appointing experienced officers as Presiding Officers.
S. 74Section 74 states that only an election petition under this chapter can challenge an election.
S. 75(1) Only the Election Tribunal having jurisdiction shall have the power to adjudicate upon the election petitions
S. 76Section 76 allows candidates or electors to file an election petition within 45 days of the election on specified grounds.
S. 77Section 77 mandates that a petitioner must include all contesting and returned candidates in their petition for declaring election void or alleging corrupt practices.
S. 78Section 78 outlines the required content and verification process for election petitions alleging corrupt practices.
S. 79Section 79 allows a petitioner to seek a declaration that a returned candidate's election is void and that another candidate should be declared duly elected.
S. 80Section 80 outlines the dismissal of non-compliant election petitions and procedures for trying multiple petitions and joining additional candidates as respondents.
S. 81Section 81 outlines the procedure for election petitions in Punjab, governed by the Civil Procedure Code and the Indian Evidence Act.
S. 82Section 82 allows unstamped or unregistered documents to be used in election petition trials.
S. 83No witness or other person shall be required to state for whom he has voted at an election
S. 84Section 84 ensures witnesses cannot be excused from answering election petition questions, but they receive indemnity certificates and immunity from most penalties.
S. 85Section allows reasonable expenses for attending election petition trials to be part of costs unless the tribunal decides otherwise.
S. 86Section 86 allows the returned candidate to present evidence to prove another candidate's election was void in an election petition.
S. 87Section 87 allows the Election Tribunal to dismiss election petitions, declare elections void, or declare a petitioner elected.
S. 88Section 88 details the Election Tribunal's order on proven corrupt practices in an election, specifying guilty persons and cost distribution.
S. 89Section 89 declares an election void if a returned candidate was unqualified, corrupt practices were committed, or improper rejections occurred.
S. 90Section 90 declares a petitioner or other candidate duly elected if they received a majority or would have without the returned candidate's corrupt practices.
S. 91Section 91 resolves tie votes in election petitions by lot if no clear winner is determined by Returning Officer's decision.
S. 92Section 92 mandates the Election Tribunal to inform the Election Commission of its election petition decision and send an authenticated copy.
S. 93Section 93 mandates the Election Commission to forward and publish Election Tribunal orders in the Official Gazette.
S. 94Section 94 ensures election tribunal orders take effect immediately and void elections don't invalidate prior municipal acts.
S. 95(1) An election petition may be withdrawn only with the permission of the Election Tribunal
S. 96Section outlines conditions and procedures for withdrawing election petitions, including consent requirements and tribunal's discretion on withdrawal.
S. 97Section 97 mandates the Election Commission to publish in the Official Gazette when an Election Tribunal allows withdrawal of an application without substitution.
S. 98(1) An election petition shall abate only on the death of the sole petitioner or of the survivor of several petitioner
S. 99Section allows substitution of a deceased or non-opposing respondent in an election petition trial.
S. 100Section 100 allows appeals to the High Court from Election Tribunal orders, with a 30-day limit, but the High Court may extend it for valid reasons.
S. 101Section 101 allows applications to the Election Tribunal or High Court to stay election orders, deeming them ineffective if granted.
S. 102Section 102 outlines the procedure for appeals against Election Tribunal orders, directing the High Court to handle them and notify the Election Commission of decisions.
S. 103Section 103 requires petitioners to deposit security for election petition costs and may request additional security during the trial.
S. 104Section 104 mandates that a respondent must provide security for costs as directed by the Election Tribunal to be eligible under section 80(3).
S. 105Section 105 allows the tribunal to decide on costs, but mandates awarding costs to the returned candidate if a petition is dismissed.
S. 106Section 106 directs payment of election costs from security deposits and returns any remaining deposits after costs are paid.
S. 107Section 107 allows cost orders to be enforced in any court where the debtor resides or conducts business.
S. 108Section 108 defines corrupt practices under the Punjab State Election Commission Act, including bribery and undue influence in elections.
S. 109Section penalizes promoting enmity or hatred among citizens based on religion, race, etc., during elections.
S. 110Section 110 prohibits public meetings in polling areas 48 hours before voting ends and imposes a fine for violations.
S. 111Section penalizes disorderly conduct at political meetings during elections and allows police to arrest without warrant if suspecting an offense.
S. 112Section 112 prohibits printing election pamphlets or posters without specified publisher details and declarations, and mandates reporting to relevant authorities.
S. 113Section 113 mandates secrecy in vote recording and counting, with penalties for breaches.
S. 114Section 114 prohibits election officials from influencing voters and mandates imprisonment for violations.
S. 115Section 115 prohibits canvassing or soliciting votes within 100 meters of polling stations on election day and imposes fines for violations.
S. 116Section 116 prohibits the use of loudspeakers and disorderly conduct near polling stations on election day, with penalties for violations.
S. 117Section 117 allows the removal of disorderly individuals from polling stations and imposes penalties for re-entry.
S. 118Section cancels a ballot paper if an elector refuses to follow the voting procedure.
S. 119Section penalizes corrupt practices in connection with elections with a fine up to 1,000 rupees.
S. 120Section 120 penalizes officials for breaches of duty in election processes with fines up to ₹500.
S. 121Section penalizes government servants and local body employees for acting as election, polling, or counting agents.
S. 122Section penalizes fraudulent removal of ballot papers from polling stations and allows arrest and search by Presiding Officers.
S. 123Section 123 penalizes booth capturing during elections with imprisonment and fines, with harsher penalties for government or local body employees.
S. 124Section 124 defines and penalizes electoral offenses during elections in Punjab, including tampering with election documents and ballot papers.
S. 125(1) Where in connection with the tendering of any opinion to the State Government under section 12
S. 126Section 126 protects witnesses from using their Election Commission testimony in civil or criminal cases except for false evidence.
S. 127Section 127 grants the Election Commission autonomy to set its own procedures and meeting arrangements.
S. 128Protection of action taken in good faith CHAPTER XV MISCELLANEOUS 129
S. 129Local authorities must provide staff to Returning Officers upon request for election duties.
S. 130Section 130 allows the State Government to requisition premises and vehicles for election purposes during state elections.
S. 131(1) Whenever in pursuance of the provisions of section 130
S. 132The State Government can request information about property for requisitioning or compensation purposes.
S. 133Section 133 grants the State Government authority to inspect premises and vehicles to enforce election orders.
S. 134Section 134 allows summary eviction of any person unlawfully occupying requisitioned premises by an empowered officer.
S. 135Section 135 details the procedure for releasing requisitioned premises and the State Government's liability upon such release.
S. 136Section 136 allows the State Government to delegate powers and duties from sections 132 to 135 to specific officers.
S. 137Section 137 penalizes violations of orders under sections 130 or 132 with up to one year imprisonment, fine, or both.
S. 138Section 138 allows the Election Commission to extend election completion time with written reasons.
S. 139Section 139 empowers the State Government to make rules for election conduct, including duties of officers, vote checking, and voting procedures.
S. 140Section 140 prevents civil courts from questioning the Returning Officer's actions or decisions in election matters.
S. 141Section 141 allows the State Government to adapt the Act to resolve conflicts, with orders reported to the State Legislature.
S. 142Section 142 ensures this Act's provisions override any conflicting laws regarding local elections.
S. 143Section 143 repeals corresponding state laws but preserves existing rights, liabilities, and legal proceedings under them.
S. 1994(2) It shall come into force at once