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Start Free TrialKarnataka Panchayat Raj Act, 1993 Section 308A
Title: Account of Election Expenses and Maximum Thereof
State: Karnataka
Year: 1993
.....deemed to be the expenditure in connection with the election incurred or authorized by the candidate or by his election agent for the purpose of sub-section (1). Explanation 1: For the purposes of this sub-section, 'Political Party' shall have the same meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in force. Explanation 2: For the removal of doubts, it is hereby declared that any expenditure incurred in respect of any arrangement made facilities provided or any other act or thing done by any person in the service of the government or the service of the Zilla Panchayat or Taluk Panchayat as the case may be, the discharge or purported discharge of his official duty for, or to, or in relation to any candidate or his election agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason) shall not be deemed to be expenditure in connection with the election incurred or authorized by a candidate or by his election agent for the purpose of this section. (3) The account shall contain such particulars as may be prescribed. (4) The.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 138
Title: Election of Adhyaksha and Upadhyaksha and Term of Office
State: Karnataka
Year: 1993
.....138 - Election of Adhyaksha and Upadhyaksha and term of office (1) The elected members of the Taluk Panchayat referred to in clause (i) of sub-section (1) of section 121 shall 1 [2 [within one month from the date of publication of names of members under section 133] after every general election of Members of Taluk Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of the term of office of Adhyaksha and Upadhyaksha] choose two members from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha, as the case may be: Provided that no election shall be held if the vacancy is for a period of less than one month. (2) There shall be reserved by the 3 [Government], in the prescribed manner,- (a) such number of offices of Adhyaksha and Upadhyaksha of Taluk Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 15
Title: Election Petition
State: Karnataka
Year: 1993
.....or seats in a Grama Panchayat shall be called in question except by an election petition presented on one or more of the grounds specified in sub-section (1) of section 19 and section 20 to the 1 [Civil Judge (Junior Division)] within whose territorial jurisdiction the panchayat area concerned or the major portion of the panchayat area concerned is situate by any candidate at such election or by any voter qualified to vote at such election together with a deposit of five hundred rupees as security for costs, within thirty days from , but not earlier than, the date of declaration of the result of the election of the returned candidate or if there are more than one returned candidate at the election, and if the dates of declaration of the results of the their election are different, the last of those dates. (2) A petitioner shall join as respondent to his petition,- (a) where the petitioner, in addition to claiming a declaration that the election of all or of any of the returned candidates is void , claims a further declaration that he himself or any other candidate has been duly elected all the contesting candidates other than the petitioner, and where no such further.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 17
Title: Trial of Election Petition
State: Karnataka
Year: 1993
.....Judge (Junior Division)] dismissing an election petition under this sub-section shall be deemed to be an order made under clause (a) of sub-section (1) of section 18. (2) Where more election petitions than one are presented to the1[Civil Judge (Junior Division)] in respect of the same election the1[Civil Judge (Junior Division)] may, try them separately or in one or more groups. (3) Any candidate not already a respondent shall, upon application made by him to the1[Civil Judge (Junior Division)] within fourteen days from the date of commencement of the trail and subject to any order as to security for costs which may be made by the1[Civil Judge (Junior Division)], be entitled to be joined as a respondent. Explanation.-- For the purpose of this section, a trail of petition shall be deemed to commence on the date fixed for the respondents to appear before the1[Civil Judge (Junior Division)] and answer the claim or claims made in the petition. (4) The1[Civil Judge (Junior Division)], may upon such terms as to costs and otherwise as he may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 177
Title: Election of Adhyaksha, Upadhyaksha and Term of Office
State: Karnataka
Year: 1993
.....177 - Election of Adhyaksha, Upadhyaksha and term of office (1) The elected members of the Zilla Panchayat referred to in clause (i) of sub-section (1) of section 159 shall 1 [2 [within one month from the date of publication of names of members under section 172], after every general election of member of Zilla Panchayat or on its reconstitution or establishment under this Act or immediately before the expiry of term of office of Adhyaksha and Upadhyaksha] choose two member from amongst them to be respectively Adhyaksha and Upadhyaksha thereof, and so often as there is a casual vacancy in the office of Adhyaksha and Upadhyaksha they shall choose another member from amongst them to be Adhyaksha or Upadhyaksha, as the case may be: Provided that no election shall be held if the vacancy is for a period of less than one month. (2) There shall be reserved by the 3 [Government], in the prescribed manner,- (a) Such number of offices of Adhyaksha and Upadhyaksha of Zilla Panchayat in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 8
Title: Appointment of an Administrative Committee or Administrator on Failure to Elect Members of Grama Panchayats
State: Karnataka
Year: 1993
.....Committee consisting of persons qualified to be elected, the number of such persons being equal to the number of members determined under sub-section (1) of section 5, or (ii) appoint an Administrator. (2) The members of the Administrative Committee or the Administrator shall hold office for such period not exceeding six months as the Deputy Commissioner may specify in the notification under sub-section (1). (3) On the appointment of an Administrative Committee or an Administrator under sub-section (1), the persons if any, chosen as members of the Grama Panchayat before such appointment shall cease to be members of the Grama Panchayat and all the powers and duties of the Grama Panchayat shall be exercised and performed by such Administrative Committee or Administrator. (4) The Administrative Committee or Administrator shall be deemed to be duly constituted Grama Panchayat for the purpose of this Act, notwithstanding anything contained in the foregoing provisions: Provided that if at any time after the appointment of the Administrative Committee or the Administrator under sub-section (1) the Deputy Commissioner is satisfied that there is no difficulty in duly.....
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 19
Title: Grounds for Declaring Election to Be Void
State: Karnataka
Year: 1993
..... (iii) by the improper reception , refusal or rejection of any vote or reception of any vote which is void ; or (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder; the1[Civil Judge (Junior Division)] shall declare the election of the returned candidate to be void. (2) If in the opinion of the1[Civil Judge (Junior Division)], any agent of a returned candidate has been guilty of any corrupt practice, but the1[Civil Judge (Junior Division)] is satisfied,- (a) that no such corrupt practice was committed at the election by the candidate and every such corrupt practice was committed contrary to the order and without the consent of the candidate, (b) that the candidate took all reasonable measures for preventing the commission of corrupt practices at the election, and (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the1[Civil Judge (Junior Division)] may decide that the election of the returned candidate in not void. __________________________ 1. Substituted by Act 29 of 1997 w.e.f. 20.10.1997.
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 308
Title: State Election Commission
State: Karnataka
Year: 1993
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Grama Panchayat, Taluk Panchayat or Zilla Panchayat shall be vested in the State Election Commission consisting of a State Election Commissioner to be appointed by the Governor. (2) The conditions of service and tenure of office of the State Election Commissioner shall be such as the Governor may by rule determine: Provided that the State 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 and conditions of service of the State Election Commissioner shall not be varied to his disadvantage after his appointment. (3) The Governor shall when so requested by the State Election Commission, make available to the State Election Commission such staff as may be necessary for the discharge of the functions co nferred on the State Election Commission under sub-section (1).
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 30
Title: Officers Etc., at Elections Not to Act for Candidate or Influence Voting
State: Karnataka
Year: 1993
(1) No person who is a returning officer or a presiding officer or a polling officer at any election or any officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall, in the conduct or the management of the election, do any act (other than the giving of a vote ) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid, and no member of a police force, shall endeavor,- (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall , on conviction, be punished with imprisonment for a term which may extend to six months or with fine or with both. (4) An offence punishable under sub-section (2) shall be cognizable.
View Complete Act List Judgments citing this sectionKarnataka Panchayat Raj Act, 1993 Section 271
Title: Requisitioning of Premises, Vehicles, Etc., for Election Purpose
State: Karnataka
Year: 1993
.....elections. (2) The requisitioning shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed on the person to whom it is addressed. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section. (4) In this section,- (a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof; (b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise.
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