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State of Kerala - Section

Section 10 in Kerala Panchayat Raj Act, 1994

10. Division of Panchayats into Constituencies.

- [(1) [The Government shall by notification in the Gazette, constitute a Delimitation Commission consisting of the State Election Commission as the Chairman and four Officers, not below the rank of Secretary to Government, as member. The said Delimitation Commission shall, as soon as may be after fixing the strength of a Panchayat at any level under section 6 and after determining the number of seats to be reserves for Scheduled Castes, Schedules Tribes and for Women] [Substituted by Act 3 of 2005.] -(a)divide every Panchayat into as many constituencies as there are seat and fix the boundaries of such constituencies:Provided that the population of each constituency shall, as far as practicable, be the same throughout the panchayat area:Provided further that where the territorial area of a Block Panchayat is divided into constituencies, the boundaries of such constituencies shall not divide any constituency of any Village Panchayat and where the territorial area of a District Panchayat as divided into constituencies the boundaries of such constituencies shall not divide any constituency of any Village Panchayat or of any Block Panchayat, into more than one division.(b)[ ***] [Clause (b) Omitted by Act 3 of 2005.]
(1A)[ The Officers for the functioning of the Delimitation Commission, procedure for the conduct of meeting including quorum and other related matters shall be such, as may be prescribed.
(1B)The State Election Commission of the Officer authorized by it in this behalf shall, on determination by the Government of the number of seats to be reserved, earmarked the constituency or constituencies to be reserved for Schedules Castes, Schedules Tribes or Women.] [Clause (1A),(1B) inserted by Act 3 of 2005.]
(2)The [[Delimitation Commission] [Inserted by Act 3 of 2005.] shall, -
(a)publish [the proposal of the Delimitation Commission] [Inserted by Act 3 of 2005.] in respect of the matters mentioned in clause (a) of sub-section (1), with a notice specifying the date on or after which the proposals will be considered [by it] [Inserted by Act 3 of 2005.] and by inviting objections and suggestions with respect to the proposals before a date specified in the notice, by affixing copies thereof on the notice board of the Office of the panchayat concerned and in such conspicuous places within the Panchayat area concerned;
(b)publish in the Gazette and in any two local newspapers having wide circulation within the panchayat area concerned the act of publication under clause (a);
(c)consider all objections and suggestions that may have been received by the [Delimitation Commission] [Inserted by Act 3 of 2005.] before the date so specified; and
(d)[ delimit the constituencies.] [Inserted by Act 3 of 2005.]
(2A)[ The Officer authorised by the Sate Election Commission in this behalf shall determine, as to which constituency, the constituencies reserved for Scheduled Castes, Schedules Tribes or Women shall be allotted according to rotation, by draw of lots at the time, date and place fixed by the Commission in this behalf, by notification.
(2B)After the drew of lots under sub-section (2A), the State Election Commission or the Officer authorised by it shall issue an order determining the constituency reserved for the Scheduled Caste, Scheduled Tribes or Women.] [Inserted by Act 3 of 2005.]
(3)An order made by the [State Election Commission or the Officer authorised by it] [Substituted by Act 13 of 1999.] [or the Delimitation Commission] [Inserted by Act 3 of 2005.] shall not be called in question in any Court of Law.
(3A)[ Every order issued by the Delimitation Commission with regard to the delimitation of constituencies under this section shall be published in the Gazette and shall have the force of law.] [Inserted by Act No. 34 of 2014, dated 23.12.2014.]
(4)[The Delimitation Commission] [Inserted by Act 3 of 2005.] shall furnish free of cost three copies each of the proposals published and the final orders issued under sub-section (2) to the Committees at the Panchayat level concerned of all political parties having representation in the Legislative Assembly and copies of such orders shall also be made available for sale, at the price fixed by [the Delimitation Commission] [Inserted by Act 3 of 2005.], to all the public who require them.