Punjab State Election Commission Act, 1994

No: 19 Dated: Sep, 19 1994

The Punjab State Election Commission Act, 1994

Punjab Act No 19 of 1994

    An Act to provide for the constitution of the State Election Commission and for vesting the superintendence, direction and control of the preparation of electoral rolls for, and the conduct of all elections to the Panchayats and Municipalities in the State of Punjab, in the State Election Commission, and to provide for all matters relating to, or ancillary or in connection with the elections to the Panchayats and Municipalities, in terms of the provisions of Parts IX and IX-A of the Constitution of India.

    BE it enacted by the Legislature of the Punjab in the Forty-fifth year of the republic of India as follows:--

1. Short title and commencement:- (1) This Act may be called the Punjab State Election Commission Act,1994.

(2) It shall come into force at once.

CHAPTER I

PRELIMINARY

2. Definitions. - In this Act unless the context otherwise requires -

(a) "candidate" means a person who has been nominated as a candidate for any election;

(b) "constituency" means an area of a Panchayat or a Municipality delimited as a constituency for the purpose of elections to these bodies;

(c) "costs" means all costs, charges and expenses of, or incidental to the proceedings in an election petition;

(d) "disqualified" means disqualified for being chosen as a member of a Panchayat or a Municipality;

(e) "District Planning Committee" means the committee constituted under Article 243 ZD of the Constitution of India;

(f) "Election Commission" means the Election Commission constituted under section 3;

(g) "Election Commissioner" means the Election Commissioner appointed under section 4;

(h) "elector" in relation to a constituency means a person whose name is entered in the electoral roll of that constituency for the time being in force and who is not subject to any of the disqualifications specified in section 11;

(i) "electoral right" means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate or to vote or refrain from voting at an election;

(j) "Financial Commissioner" shall mean the Financial Commissioner appointed as such under the Punjab Land Revenue Act, 1887;

(k) "Governor" means the Governor of the State of Punjab;

(l) "High Court" means the High Court of the State of Punjab and Haryana;

(m) "Metropolitan Planning Committee" means the Committee constituted under Article 243 ZE of the Constitution of India;

(n) "Municipality" means an institution of self-government constituted under Article 243 Q of the Constitution of India;

(o) "Panchayat" means an institution of self-government constituted under Article 243 B of the Constitution of India;

(p) "prescribed" means prescribed by rules made under this Act;

(q) "prescribed authority" means the authority prescribed as such under the rules made under this Act;

(r) "qualifying date" in relation to the preparation or revision of every electoral roll means the First day of January of the year in which it is so prepared or revised;

(s) "returned candidate" means a candidate whose name has been published under Section 70 as duly elected;

(t) "section" means a section of this Act;

(u) "State" means the State of Punjab;

(v) "State Government" means the Government of the State of Punjab;

(w) "sign" in relation to a person who is unable to write his name means an authentic sign in such manner, as may be prescribed;

(x) "Ward Committee" means a Committee constituted under Article 243 S of the Constitution of India.