Andhra Pradesh Panchayat Raj (Third Amendment) Act, 20001
| [Andhra Pradesh Act No. 26 of 2000] | [19th September, 2000] |
An Act further to amend the Andhra Pradesh Panchayat Raj Act, 1994
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the Fifty-first Year of the Republic of India as follows:-
1 The following Act of the Andhra Pradesh Legislative Assembly received the assent of the Governor on the 19th September, 2000 and the said assent is hereby first published on the 20th September, 2000 in the Andhra Pradesh Gazette for general information:-
STATEMENT OF OBJECTS AND REASONS
Section 2 of the Andhra Pradesh Panchayat Raj Act, 1994 contemplates two qualifying dates, namely 1st January and 1st July of the year for preparation and publication of the electoral rolls resulting in not only additional work but huge expenditure to the State Exchequer. In order to adopt the Assembly Electoral Roll without any further exercise like draft publication and final publication, it is proposed to amend the qualifying date as first January of the year for the purpose of Panchayat Raj Elections.
A person convicted for an election offence punishable under Chapter II of Part V of the Act shall be disqualified from being elected at any election held under the Act for a period of six years from the date of conviction. It is felt that persons who are convicted of any offence punishable under Chapter IX A of the IPC, persons who are guilty of corrupt practices and those who fail to File the account of election expenses should also be brought within the purview of disqualifications. It is, therefore, proposed that disqualification should be for contesting in the election.
It is also proposed to use Electronic Voting Machines in the Panchayat Raj Elections.
To conduct fair elections to local bodies requires the candidates to keep their expenses within the ceiling limit, maintain proper accounts of expenditure and also to file an account of election expenses. The model code of conduct is non-statutory in nature and is not capable of being enforced. Therefore, it is proposed that provisions similar to those contained in Representation of People Act, 1951 relating to maintenance of account of election expenses and also for the loading of account of election expenses with the District Election Authority should also be included in the Andhra Pradesh Panchayat Raj Act, 1994 in order to enforce the ceiling on election expenditure as otherwise it will not be possible to control money power in Panchayat Raj Elections.
As the Legislative Assembly of the State was not then in session having been prorogued, and it has been felt necessary to give effect to the above decision, immediately, the Andhra Pradesh Panchayat Raj (Third Amendment) Ordinance, 2000 (A.P. Ordinance 9 of 2000) was promulgated by the Governor on the 31st July, 2000.
This Bill seeks to replace the said Ordinance.
1. Short title and commencement.- (1) This Act may be called the Andhra Pradesh Panchayat Raj (Third Amendment) Act, 2000.
(2) It shall be deemed to have come into force with effect on and from the 31st July, 2000.
2. Amendment of section 2.- In the Andhra Pradesh Panchayat Raj Act, 1994 (Act 13 of 1994) (hereinafter referred to as the Principal Act), in section 2, for clause (34), the following shall be substituted, namely,-
"(34) "qualifying date", in relation to the preparation and publication of every electoral roll under this Act, means the first day of January of the year in which it is so prepared and published.".
3. Amendment of section 11.- In section 11 of the principal Act,-
(i) In sub-section (1),-
(a) the words "draft of the" in the two places where they occur shall be omitted;
(b) for the words "upon its final publication" the words "upon its publication", shall be substituted;
(c) in sub-section (1), before the Explanation, the following proviso shall be inserted, namely:-
"Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the electoral Registration. Officer under section 22 or section 23, as the case may be, of the Representation of the people Act, 1950, up to the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Gram Panchayat and any such names included shall be added to the part relating to the last Ward."
(ii) for sub-section (2), the fallowing shall be substituted, namely;-
"(2) The electoral roll for a Gram Panchayat;-
(a) shall be prepared and published in the prescribed manner by reference to the qualifying date;-
(i) before each ordinary election; and
(ii) before each casual election to fill a casual vacancy in the office of the Sarpanch and Memiber of a Gram Panchayat; and
(b) shall be prepared and published in any year, in the prescribed manner, by reference to the qualifying date, if so directed by the State Election Commission:
Central Act 43 of 1950.- Provided that if the electoral roll is not prepared and published as aforesaid, the validity, or continued operation of the said electoral roll, shall not thereby be affected-".
(iii) in sub-section (3), for the words "The final electoral roll", the words "The electoral, roll", shall be substituted.
4. Insertion of new sections 19A and 19E and Disqualification on ground of corrupt practice or election offences.- After section 19 of the principal Act, the following sections shall be inserted, namely,-
"19A-Any person who is convicted of any offence punishable under Chapter IX A of the Indian Penal Code, 1860 (Central Act 45 of 1860), and any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed in accordance with section 233, or any person convicted of an offence punishable under Chapter II of Part V of this Act, shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.
19B-Disqualification far failure to lodge account of election expenses.- If the State Election Commission is satisfied that a person.
(a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act, and
(b) has no good reason or justification for the failure, the State Election Commission shall, after following the procedure prescribed, by order published in the Andhra Pradesh Gazette, declare him,-
(i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and
(ii) to have ceased to hold office; in case he is elected.".
5. Insertion of new Section 201A.- After section 201 of the principal Act, the following section shall be inserted namely,-
"201-A Voting Machines at elections.- Notwithstanding anything contained in this Act or the rules made thereunder, the giving and recording of votes by voting machines in such manner as may be prescribed, may be adopted in such Ward or Wards or Constituency or Constituencies as the State Election Commission may, having regard to the circumstances of each case, specify.
Explanation: For the purpose of this section, "Voting Machines, means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made there under shall, save as otherwise provided, be construed as including reference to such voting machine wherever such voting machine is used at any election.".
6. Amendment of Section 211.- In section 211 of the principal Act, after sub-section (6), the following shall be added, namey,-
"(6A) The incurring, or authorizing of expenses in contravention of section 230A."
7. Insertion of New Chapter IIA in Part-V for section 230.- For section 230 of the principal Act, the following shall be substituted namey:-
"CHAPTER II-A-Election Expenses
230. Application of Chapter.- This Chapter shall, apply to candidates of any election held under this Act.
230A(1) Account of election expenses.- Every candidate, at any election held under this Act shall, either by himself, or by his election agent, keep a separate and correct account of all expenditure incurred in connection with the election, between the date on which the candidate concerned has been nominated, and the date of declaration of the result of the election both dates inclusive (hereinafter in this Chapter referred to as ‘election expenses’).
Explanation-I- ‘Election expenses’ for purposes of this Act shall mean all expenses in connection with the election.
(a) incurred, or authorized by the contesting candidate, or by his election agent;
(b) incurred by any association, or body of persons, or by any individual (other than the candidate or his election agent), aimed at promoting or procuring the election of the candidate concerned; and
(c) incurred by any political party, by which the candidate is set up, so as to promote or procure his election:
Provided that any expenses incurred by any political party as part of its general propaganda, (which is distinguishable from its election campaign, for the promotion or procuring the election of a particular candidate), by words, either written or spoken, or by signs or visible representations, or by audiovisual devises, or through print or electronic media or otherwise, shall not constitute ‘election expenses’ for purposes of this Act.
Explanation II-(1) For the removal of doubts, it is hereby declared that any expenses incurred in respect of any arrangements made, facilities provided or any other Act or thing done by any person in the service of the Government and belonging to any of the classes mentioned in clause (7) of section 211 in the discharge or purported discharge of his official duty as mentioned in the proviso to that clause shall not be deemed to be expenses in connection with the election incurred or authorized by a candidate or by his election agent for the purposes of this sub-section.
(2) The account of election expenses shall contain such particulars, as may, by order, be specified by the State Election Commission.
(3) The total of the said expenses shall not exceed such amount, as may, by order, be specified by the State Election Commission.
230B: Lodging of account with the District Election Authority.- Every contesting candidate at an election shall, within forty five days from the date of declaration of the result of the election, lodge with the District Sleet ion Authority an account of his election expenses, which shall be a true copy of the account kept by him, or by his election agent, under section 230A.".
8. Repeal of Ordinance 9 of 2000.- The Andhra Pradesh Panchayat Raj (Third Amendment) Ordinance, 2000 is hereby repealed.