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Gram Panchayat Elections Frequently Asked Questions

• These notes summarize frequently asked questions about Gram Panchayat elections in Maharashtra, focusing on the legal framework, procedures, and related matters.
• The document is from the Maharashtra State Election Commission.
• Information is presented in a question and answer format, addressing various aspects of the election process.

Constitutional Provisions Regarding State Election Commissions

• Gram Panchayat elections, and local body elections overall, fall under the State Election Commission's purview.
• The commission's constitution derives from Article 243K and 243Z of the Indian Constitution.
• The State Election Commission is appointed by the Governor of the state.
• The Maharashtra State Election Commission was established on April 26, 1994. Its role involves conducting elections for all local bodies including, but not limited to, Zilla Parishads, Panchayat Samitis, Gram Panchayats, Nagar Parishads, Nagar Panchayats, and Municipal Corporations.

Functions and Administrative Structure of the State Election Commission

• Headed by the State Election Commissioner.
• Supported by personnel equivalent in status to secretaries in the Indian Administrative Service.
• The commission's administrative structure involves various levels of officers and staff.
• Divisional Commissioners, District Magistrates, and Municipal Commissioners execute election-related tasks at different levels across the state.

Duties, Powers, and Jurisdiction

• The state election commission is responsible for overseeing, directing, and controlling the preparation of voter lists, and the conduct of all local body elections.
• The commission has authority to issue orders and mandates related to election activities.
• Elections for different tiers of local governments (e.g., Zilla Parishads, Panchayat Samitis, Gram Panchayats) are subject to different acts and regulations.
• These regulations and differences among the acts create questions and concerns for relevant parties.

Term of Office and Disqualification of Members

• Members of Gram Panchayats typically serve five-year terms, beginning from the date of the first meeting.
• Members can be removed from their positions, or the position can become vacant for various reasons (e.g., resignation, dismissal). For any such instance, a by-election may be held within six months of the vacancy.

Voter Lists

• The voter lists for Gram Panchayat elections are taken from the voter lists already prepared for state assembly elections.
• Voter eligibility generally requires one to be an Indian citizen at least 18 years of age, residing principally in the relevant electorate or assembly district.
• Voter registration is valid until the date of the election.

Qualifications and Disqualifications for Candidates

• Candidates must be at least 21 years old on the last date of nomination.
• Candidates must be registered as voters in the relevant area or electorate.
• Certain disqualifications apply (e.g., those with a criminal record exceeding a certain period).
• Individuals with a history of specific crimes as defined by law or those who retain or have exercised certain executive positions in governmental administrations may be barred from running for office.

Nomination Processes

• The process covers the procedure of submitting nomination papers, their scrutiny, and potential withdrawals.
• The last date for filing of nomination papers is a key aspect of the nomination process.
• A fee is usually payable when filing a nomination.
• The commission has the power to reject a nomination paper if irregularities are found during scrutiny.

Fixing the Number of Members

• The number of members in a Gram Panchayat is determined based on the population of the area.
• Population-based ratios are specified by the rules.
• Reserved seats are also determined by population figures for scheduled castes, scheduled tribes, and women.

Delimitation of Constituencies

• The task of defining electorate boundaries or constituencies for Gram Panchayat elections is assigned to the District Magistrate.
• The process involves setting up a draft constituency map and is usually associated with the latest census or, where applicable, a revised population count to reflect changes in the area or constituency.
• The timeframe for the delimitation process falls within six months before the scheduled expiry of the Gram Panchayat term.
• The process often takes place after the release of new census data in order to reallocate constituencies or wards appropriately.

Reservation and Allocation of Seats

• Specific rules for seat reservation apply to certain groups, such as scheduled castes, scheduled tribes, and women, based on the population of those groups in relation to the total population in the area.
• Reserved seats for women are allocated at a minimum of 50%.

Polling Station Requirements

• Polling stations are established according to voter figures, providing reasonable access for all voters.
• Polling stations are typically located in public buildings to ensure adequate space, security, and access.
• Polling stations should not be located in areas that may create security or access concerns for the voters during election day.
• Polling stations are commonly situated in government buildings that offer ample space and accessibility for voters during elections.

Polling Material and Staff Training

• The process for providing polling personnel, including their training and logistical requirements for the day-of-the-election, is outlined.
• Information relating to additional staff for polling stations is documented, including who is responsible for providing them (e.g., zonal officers, District Magistrate), and the conditions when additional polling staff is required.
• The election staff needs training in how to handle EVMs and the process to follow in case of malfunctions.

Polling Day Activities

• Key activities scheduled on election day, including arrangements for polling parties, distribution of materials, setting up polling stations, procedures for voter verification, and ensuring the confidentiality of the voting process are detailed.
• Proper arrangement of polling staff, including who is responsible for ensuring the safety and well-being of those staff during the election.
• Election day procedure for voter identification involves verifying the voter's identity using voter ID cards and other documents as specified by the authorities, following procedures laid down by the Election Commission.

Counting of Votes

• The procedure for counting votes, including the roles of counting agents for candidates and the logistical arrangements for the counting process are included, along with the procedure in case of ties.
• Procedures for ensuring security and maintaining order during the vote counting and the related arrangements.

Declaration of Results and Reporting

• Details on how and when election results are declared; includes the reporting requirements to the authorities, along with the need to retain election records.
• The document also includes information regarding the handling and storage of materials related to the election, such as EVMs and documents, as well as the timeline for result declaration.

Offenses Related to Elections

• Rules regarding violations of the model code of conduct and associated offenses are presented.
• The document encompasses the legal ramifications of offenses, outlining relevant provisions in the Indian Penal Code and other relevant acts for offenses committed in relation to the election.

Model Code of Conduct

• The rules covering offenses and violations committed within the scope of the Election Code.
• Responsibilities and duties of election officials, as well as the implications of violations of the Election Code and associated legislation.

Expenditure on Elections

• The document outlines the rules and provisions regarding expenses incurred during elections, such as the maximum allowable expense limit, and details of reporting requirements, including the timeline for these reporting procedures.
• The rules and regulations governing the use of finances for election purposes and procedures are included in the document.

Other Matters

• The document encompasses a variety of additional topics, such as those concerning the use of polling booths and areas where elections are taking place.
• The document includes instructions relating to the procedures followed for dealing with various sensitive issues that might arise during the election process, such as voter intimidation or violence, and appropriate actions to be taken when these occur.
• Specific details associated with candidate nominations, election material, reservation rules, and other related matters are detailed, including provisions for the needs of specific voter groups and limitations on the use of certain resources such as vehicles during election periods.

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