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Bombay Village Panchayat Act 1958
Bombay Village Panchayat Act 1958
S.3. Definitions.-
In this Act unless the context otherwise requires,-
(1) * * *
(a-2) “Auditor” means an auditor as defined in Bombay Local
Fund Bom. Audit Act, 1930 ( and in relation to Panchayat having
an annual income including grant received from State \government
of less than Rs.5,000 also includes an extension officer duly
authorised in writing by the Chief Executive officer, (Bom.XXV of
1930)
1
{(a-3)” Backward Class of Citizens “ means such classes or parts
of or groups within such classes as are declared, from time to time
,by the State Government to be other Backward Classes and
Vimukta Jatis and Nomadic Tribes]”
(a) include within, or exclude from any village, any local area
or otherwise alter the limits of any village, or
(b) declare that any local area shall cease to be a village;
(b) each village shall be divided into such number of wards, and
the number of members of a panchayat to be elected from
each ward shall be such, as may be determined (in the
prescribed manner by the State Election Commission or an
officer authorised by it.
(e) one third (including the number of seats reserved for women
belonging to the Scheduled Castes, the Scheduled Tribes and
the category of Backward Class of citizens) of the total
number of seats to be filled in by direct election in a
panchayat shall be reserved for women and such seats shall
be allotted by rotation to different wards in a panchayat.
(3) The names of the members falling under clause (a) of sub-
section (1) shall be published by the State Election
Commissioner in the prescribed manner.
S.11. Election.-
(1) An election to constitute a panchayat shall be completed --
(2) Every person (who is not less than 21 years of age on the
last date fixed for making nomination for every general
election or bye-election and) whose name is in the list of
voters shall, unless disqualified under this Act or under any
other law for the time being in force, be qualified to be
elected for any ward of the village. No person whose name
is not entered in the list of voters for such village shall be
qualified to be elected for any ward of the village.
(3) Subject to any disqualification incurred by a person, the
list of voters, shall be conclusive evidence for the purpose of
determining under this section whether any person is
qualified or is not qualified to vote, or as the case may be, is
qualified or is not qualified to be elected, at any election.
S.14. Disqualifications:-
(1) No person shall be a member of a panchayat continue as
such, who -
(a) has, whether before or after the commencement of this
Act, been convicted -
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(c) If in any case to which clause (a) does not apply, the
validity of an election is in dispute between two or
more candidates, the Judge, after a scrutiny and
computation of the votes recorded in favour of each
candidate, is of opinion that in fact any candidate in
whose favour the declaration is sought has received
the highest number of the valid votes, the Judge shall
after declaring the election of the returned candidate
to be void declare the candidate in whose favour the
declaration is sought, to have been duly elected :
S.176. Rules.-
(1) The State Government may, by notification in the
Official Gazette, make rules for carrying into effect the purposes of
this Act.
(2) In particular but without prejudice to the generality of
the foregoing provision, the State Government may make rules-
(iii) under sub-section (2) of section 10, the manner in
which the State Election Commission shall determine the number
of seats to be reserved for the Scheduled Castes and Scheduled
Tribes and Backward Class of Citizens and women and prescribing
the manner and rotation of such reservation of seats in each
Panchayats under sub-section (3) of the said section prescribing the
manner of publication of the names of members falling under
clause (a) of sub-section (1).
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TABLE
Serial Population Number of members to be
No. elected
1. 2. 3.
1. 1,500 or less than 1,500 7
32
2. 1,501 to 3,000 9
3. 3,001 to 4,500 11
4. 4,501 to 6,000 13
5. 6,001 to 7,500 15
6. 7,501 and above 17
(4) Where only two seats are reserved either for the
Scheduled Castes, Scheduled Tribes or, as the case may be, for the
category of Backward Class of citizens, in a Panchayat, then out of
those two seats one seat shall be allotted to women, by drawing
lots in two out of the three elections, commencing from the first
election.
conspicuous place and the village Chavdi (if any), in each of such
villages or hamlets requiring any person affected by the issue of
such notification to submit within such period as may be specified
in the notice any objection to the proposal. The State Election
Commissioner shall, not later than the day immediately following
the day on which the notice has been affixed, also cause an
announcement to be made by beat of drum in each of the said
villages or hamlets that such notice has been affixed as aforesaid.
The State Election Commissioner shall then consider the objection
submitted to him within the period specified in the notice.
FORM A
NOTIFICATION
Schedule
Number Number Number Number Number Number of seats reserved for women
and of of seats of seats of seats From the From the From the General Total
extent members reserved reserve reserved Schedule Scheduled Category
of to be for the d for for the d Castes Tribes of Back-
wards elected Schedul the Category ward
ed Schedul of Class of
Castes ed Backward (A+B
citizens
Tribes Class of (A) (B) (C) (D) +C+
citizens D)
1 2 3 4 5 6
FORM 'B'
[See rule 5(2)]
NOTICE
NOTIFICATION
Schedule
Number Number Number Number Number Number of seats reserved for women
and of of seats of seats of seats From the From the From the General Total
extent members reserved reserve reserved Schedule Scheduled Category
of to be for the d for for the d Castes Tribes of Back-
wards elected Schedul the Category ward
ed Schedul of Class of
Castes ed Backward (A+B
citizens
Tribes Class of (A) (B) (C) (D) +C+
citizens D)
1 2 3 4 5 6
(2) The officer aforesaid shall from time to time carry out
in the authentic copy of each list of voters maintained under sub-
rule (1) all corrections which may be made in the electoral roll of
the Maharashtra Legislative Assembly and shall initial below each
correction so made.
9. * *
Provided that, --
paper against his name in the voter's list. The voter shall
then be admitted to the polling room.
(2) The presiding officer shall keep the ballot box under
his own observation for the purpose of preventing malpractices and
securing the observance of the rules.
28. Spoilt ballot papers.- A voter who has dealt with his ballot
paper may on delivering it to the presiding officer and satisfying
him of the inadvertence, obtain another ballot paper in place of the
spoilt paper; and the latter shall be marked as "cancelled".
58
30. Sealing of ballot boxes, etc.- (1) The presiding officer shall,
as soon as practicable after the close of the poll, in the presence of
any candidate or representative of a candidate, if present, seal the
aperture of the ballot boxes and seal with his own seal and the seal
of any candidate or representative who may desire to affix his seal
each ballot box in use at the polling station, unopened but with the
key attached.
He shall seal with his own seal and the seal of any candidate
or a representative of such candidate who may desire to affix his
seal, all the packets prepared under this rule.
(2) On the day and at the time and place appointed under
rule 7, for the counting of votes, the Returning Officer shall with
respect to ballot boxes used at the poll proceed as followed:-
Provided that --
(i) where a Returning Officer is satisfied that any
such defect as is mentioned in clause (b) has been caused by
any mistake or failure on the part of the presiding officer or
the polling officer, the ballot paper shall not be rejected
merely on the ground of such defect;
FORM 'AA'
[See rule 7(2)]
Notice of Election
Place : .......................
Date : ....................... An officer authorised by the
State Election Commissioner
.................................
70
ANNEXURE
Form 'A'
[See rule 8]
Nomination Paper
Sex :
Age :
Address :
Date :
FORM 'B'
....................................... ...............................
....................................... ...............................
....................................... ...............................
....................................... ...............................
FORM 'B-1'
Election to the
Ward No.
Polling Station
FORM 'C'
Form 'D'
(See rule 29)
List of Challenged Votes
FORM 'E'
[See rule 30(3)]
Ballot Paper Account