Section 131 in Uttarakhand Panchayati Raj Act, 2016
131. Other provisions related to the electoral.
(1)Subject to the supervision and control of State Election Commission, the District Magistrate shall supervise the conduct of all elections of Chairman and Vice-chairman and members of Panchayats in the district and shall perform all related functions to it.(2)Every local authority and the management of every educational institution receiving grant-in-aid from the State Government in the district shall, when so required by the District Magistrate make available to him or to any other officer appointed by the District Magistrate as Nirvachan Adhikari, Sahayak Nirvachan Adhikari in accordance with the directions issued by the State Election Commission, such staff as may be necessary for the performance of any duties in connection with such election.(3)The State Election Commission may likewise require all or any of the local authorities and the managements of all or any of such institutions as aforesaid in the State to make available to any officer referred to in sub-section (2) such staff as may be necessary for the performance of any duties in connection with such elections and they shall comply with every such requisition.(4)Where any employee of any local authority or institution referred to in sub-section (2) or sub-section (3) is appointed to perform any duty in connection with such elections he shall be bound to perform such duty.(a)(1) If any person to whom this section applies is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend Rs.250 (two hundred fifty) rupees.(2)An offence punishable under sub-section (1) shall be cognizable.(3)No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as afore said.(4)The persons to whom this section applies are the Nirvachan Adhikaris, Sahayak Nirvachan Adhikaris, Presiding Officer, Matdan Adhikaris and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election, and the expression official duty shall for the purpose of this section be constructed accordingly, but shall not include duties imposed otherwise than by or under this Act.(4)(b)(1) If it appears to the [District Magistrate or State Election Commission] [Substituted 'District Magistrate and State election commission' by Uttarakhand Act No. 10 of 2019.] that in connection with an election under this Act within the district-(i)any premises are needed or are likely to be needed for the purpose of being used as a polling place or for the storage of [Material of election to the polling place] [Substituted 'ballot boxes' by Uttarakhand Act No. 10 of 2019.] after a poll has been taken; or(ii)any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling place, or transport of members of the police force for maintaining order during the conduct of such election or transport of any officer or other person for performance of any duties in connection with such election, he may, by order in writing, requisition such premises or such vehicles, vessels or animal, as the case may be and make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning;Provided that no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section until the completion of the polling at such election.(2)The requisition shall be effected by an order in writing addressed to the person deemed by the District Magistrate and State election commission to be the owner or person in possession of the property and such order shall be served in the prescribed manner on the person to whom it is addressed.(3)Whenever any property is requisitioned under sub-section (b), the period of such requisition 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 or road transport, whether propelled by mechanical powers or otherwise.(c)Whenever in pursuance of section 131(4)(b) the District Magistrate and State election commission requisitions any premises, there shall be paid to the persons interested compensation the amount of which shall be determined by taking into consideration the following; namely-(i)the rent payable in respect of the premises or if no rent is so payable, the rent payable for similar premises in the locality;(ii)if in consequence of the requisition of the premises the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change;Provided that where any person interested being aggrieved by the amount of compensation so determined makes and application within the prescribed time to the District Magistrate, the state election commission for referring the matter to an arbitrator, the amount of compensation to be paid shall be such as the arbitrator appointed in this behalf by the District Magistrate may determine:Provided further that where there is any dispute as to the title to receive the compensation or as to the apportionment of that amount of compensation, it shall be referred to an arbitrator appointed in this behalf for determination and shall be determined in accordance with the decision of such arbitrator.(iii)Whenever in pursuance of section 131(4)(b) the District Magistrate, and State election commission requisitions any premises, there shall be paid to the person interested compensation the amount of which shall be determined by taking into consideration by the arbitrator appointed under this section as the case may be;Provided that the expression "person interested" means the person who was in actual possession of the premises or vehicle requisitioned under section 131(4)(b) immediately before the requisition, or where no person was in such actual possession, the owner of such premises or vehicle.(d)The District Magistrate and state election commission may with a view to requisitioning any property under section 131(4)(b) & 4(c) or determining the compensation payable under section 131(4)(b) by order, require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be so specified.(e)Any person authorized in this behalf by the District Magistrate and State election commission may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether and if so in what manner, an order under section 131(4)(d) should be made in relation to such premises vehicle, vessel or animal or with a view to securing compliance with any order made under that section.(f)Any person remaining in possession of any requisitioned premises or vehicle in contravention of any order made under section 131(4)(d) may be summarily evicted from the premises by any officer empowered by the District Magistrate in this behalf. Any officer so empowered may, after giving to any woman not appearing in public reasonable warning and facility to withdraw, remove or open any lick or bolt or break open any door of any building or do any other act necessary for effecting such eviction.(g)(1) When any premises or vehicle requisitioned under section 131(4)d) are to be released from requisition, the possession thereof shall be delivered to the person from whom possession was taken at the time when the premises were requisitioned, or if there were no such person to the person deemed by the District Magistrate from all liabilities in respect of such delivery, but shall not prejudice any rights in respect of the premises or vehicle which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises or vehicle is so delivered.(2)Where the person to whom possession of any premises or vehicle requisitioned under section 131(4)(d) is to be given under sub-section (3) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, the District Magistrate shall cause a notice declaring that such premises or vehicle are released from requisition to be affixed on some conspicuous part of such premises or vehicle and publish the notice in the Official Gazette.(3)When a notice referred to in sub-section (2) is published in the Official Gazette, the premises or vehicle specified in such notice shall cease to be subject to requisition on and from the date of such publication and be deemed to have been delivered to the person entitled to possession thereof and the District Magistrate shall not be liable for any compensation or other claim in respect of such premises or vehicle for any period after the said date.(h)(1) The election of a person, Chairman or as members of a Panchayat shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the ground;Provided that the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election, or(2)that the result of the election has been materially affected-(i)by the improper acceptance or rejection of any nomination; or(ii)by gross failure to comply with the provisions of this Act or the rules framed thereunder.(2)The following shall be deemed to be corrupt practices of bribery or undue influence for the purposes of this Act.(A)(1) Bribery, follows-(a)a person to stand or not to stand as or to withdraw from being a candidate at an election; or(b)an elector to vote or refrain voting at an election; or as a reward to-(i)a person for having so stood or not stood, or for having withdrawn his candidature; or(ii)an elector for having voted or refrained from voting or reward to vote in its favour.(a)to propose or promise of any gift or reward on the part of a candidate or any other person, whosoever with the connivance of the candidate, as reward.(b)Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of a candidate or of any other person with the connivance of the candidate with the free exercise of any electoral right :Provided that without prejudice to the generality of the provisions of this clause any such person as is referred to therein who-(1)threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested with injury of any kind including social ostracism and ex-communication or expulsion from any caste or community ; or(2)induces or attempts to induce a candidate or an elector to believe that he or any person in whom he is interested will become or will, be rendered an object of divine displeasure or spiritual censure shall be deemed to interfere with the free exercise of the electoral right of such candidate or elector within the meaning of this clause,(3)The application under sub-section (b) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed;Provided that Any person, who filed a nomination paper at the election whether such nomination paper was accepted or rejected, shall be deemed to be a candidate at the election.(4)The authority to whom the application under sub-section (1) is made shall, in the matter of-(i)hearing of the application and the procedure to be followed at such hearing,(ii)setting aside the election or declaring the election to be void or declaring the applicant to be duly elected or any other relief that may be granted to the petitioner have such powers and authority as may be prescribed.(5)Without prejudice to the generality of the powers to be prescribed under sub-section (1)(b) the rules may be provided for the hearing and disposal of an application under sub-section (1).(6)Any party aggrieved by an order of the prescribed authority upon an application under sub-section (1) may, within thirty days from the date of the order, apply to the District Judge for revision of such order or any one or more on the following grounds; namely : -(a)that the prescribed authority has exercised a jurisdiction not vested in it by law ;(b)that the prescribed authority has failed to exercise a jurisdiction so vested ;(c)that the prescribed authority has acted in the exercise of its jurisdiction illegally or with material irregularity.(7)The District Judge may dispose of the application for revision himself or may assign it for disposal to any Additional District Judge, civil Judge or Additional Civil Judge under his administrative control and may recall it from any such officer or transfer it to any other such officer.(8)The revising authority mentioned in sub-section (6)(a) shall follow such procedure as may be prescribed, and may confirm, vary or rescind the order of the prescribed authority or remand the case to the prescribed authority for re-hearing and pending its decision pass such interim orders as may appear to it to be just and convenient.(9)The decision of the prescribed authority, subject to any order passed by the revising authority under this section, and every decision of the revising authority passed under this section, shall be final.(k)(1) section 10-A, 11-A and section 123 of Chapter 1 and sections 125, [125A] [Inserted by Uttarakhand Act No. 10 of 2019.] 126, 127, 127A, 128, 129, 130, 131, 132, 133, 134, 134A, 135, 135A, 135C, and 136 of Chapter 3 of Part VII of Representation of People Act, 1951 shall be applicable as they were-(a)In relation to any election use direction under this Act the made by direction of election;(b)The words 'the election of Pradhan, Up Pradhan and Members of Gram panchayat shall be placed in place of 'election area'.(c)The words 'State Election Commission' shall be placed in place of 'Chief Election Officer' in sub-clause (1) of Clause (b) of sub-section (2) of section 127(A) of the Representation of People Act, 1951.(d)The word "by or under Uttarakhand Panchayat Raj Act, 2016 shall be substituted in place of " By or under this Act" in section 134 and 136 of the Representation of People Act, 1951.(2)The words " election of member, Pramukh, Up pramukh of Kshettra Panchayat and Member, Chairman and Vice chairman" shall be substituted by words "election area" of Zila Panchayat.(3)Regarding election made under this Act and regulation where there is no provisions in relation to election there shall be used as necessity of the provision of Representation of people Act 1951 of the State of Uttrakhand.(L)(1) Every person elected on any post in Gram Panchayat, Khettra panchayat and Zila Panchayat shall, be entering upon any office referred to in the sections make and subscribe before such authority as may be prescribed on oath or affirmation and put his signature in the form to be prescribed.(2)Any member who declines or otherwise refuses to make and subscribe an oath or affirmation and refuges to singnature as aforesaid shall be deemed to have vacated the office forthwith.
