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State of West Bengal - Section

Section 203 in The West Bengal Panchayat Act, 1973

203.

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Section 203 omitted by W.B. Act 8 of 2003, which was as under:-"203. Elections.- (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to thePanchayatsunder this Act and the rules made thereunder shall be in accordance with such law, vesting such superintendence, direction and control in a State Election Commission consisting of a State Election Commissioner as may be made by the State Legislature in this behalf or as may be in force for the time being.(2) There shall be a DistrictPanchayatElection Officer appointed by the State Election Commissioner in consultation with the State Government, who shall, subject to the superintendence and control of the State Election Commissioner, co-ordinate and supervise all work in the district in connection with the preparation of electoral rolls for and the conduct of, such elections.(3) The State Election Commissioner shall, in consultation with the State Government and by notification, appoint, from among the officers of the State Government, aPanchayatElectoral Registration Officer for one or more Blocks for preparation of electoral rolls, and aPanchayatReturning Officer for one or morePanchayats, for holding the elections.(4) The DistrictPanchayatElection Officer shall, subject to the direction and control of the State Election Commissioner, appoint, from among the officers of the State Government, as many AssistantPanchayatElectoral Registration Officers and Assistant Commissioner, appoint, from among the officers of the State Government, as many AssistantPanchayatReturning Officers as may be necessary for exercising such powers and performing such functions as may be prescribed.(5) ThePanchayatReturning Officer shall appoint Presiding Officers and Polling Officers for holding the elections referred to in sub-section (3), but he shall not appoint any person who has been employed by or on behalf, of or has otherwise been working for. a candidate in or about the election. The counting of voles shall be done by the Presiding Officers immediately after the poll and the result of the counting shall be declared forthwith:Provided that if the State Election Commissioner is satisfied that the counting of votes cannot conveniently be done at any or all of the polling stations immediately after the close of the poll, he may, in consultation with the State Government, require, by order, the used and sealed ballot boxes of such polling station or polling stations to be transported to such place, for safe custody till counting, and for counting, subject to such procedure, as may be prescribed:Provided further that if under the order of the State Election Commissioner, the used and sealed ballot boxes as aforesaid are transported to a place other than the polling station for safe custody till counting and for counting, such counting shall take place as soon as may be within two days from the date of the poll and shall be done by the Counting Officer with the assistance of Counting Assistants, and, for this purpose, thePanchayatReturning Officer shall, in consultation with the DistrictPanchayatElection Officer, appoint such number of Counting Officers and Counting Assistants as may be necessary, but shall not appoint any person, who has been employed by or on behalf of, or has been working for, a candidate in or about the election, as a Counting Officer or Counting Assistant.(6) The powers, functions and duties ofPanchayatElectoral Registration Officers,PanchayatReturning Officers, Presiding Officers and Polling Officers and the procedure for holding the elections shall be such as may be prescribed.(7) Any rule made in pursuance of sub-section (6) may provide that a breach thereof shall be punishable on conviction to an imprisonment not exceeding one year of either description or to a fine not exceeding rupees one thousand or to both.(8) The State Government may by rules provide for deposit of money by a candidate seeking election under this Act and also for return or forfeiture of the said deposit:Provided that where a candidate has been nominated by more than one nomination paper for election in the same constituency, not more than one deposit shall be required of him.".