(i) The Administrator may, after consultation with the Panchayat or Panchayats concerned, at any time by notification—
(a) include any area within the limits of a village, or
(b) exclude any area from the limits of a village, or
(c) declare that any village shall cease to exist by reason of its inclusion in another village or in any municipal or other local area,
(2) Where, by a notification under sub-section (1), any area is included within the limits of a village, the jurisdiction of the Panchayat established for that village shall extend to such area which shall become subject to all notifications, rules, bye-laws and orders made under this Regulation or any other law in force in that village.
(3) Where, by a notification under sub-section (I), any area is excluded from the limits of a village, the jurisdiction of the Panchayat established for that village over such area shall thereupon cease and all notifications, rules, bye-laws and orders made undt this Regulation or any other law in force in that village shall cease to apply to that area.
(4) Where, by a notification under sub-section (J), a village ceases to exist, the Panchayat established for it shall stand dissolved and the assets and liabilities of the Panchayat shall be disposed of in the prescribed manner.
11. A person shall not be qualified to be chosen as a member of a Panchayat unless his name is entered as an elector in the electoral roll for the village for which it is established.
12. A person shall be disqualified for being chosen as, and for being, a member of a Panchayat if he—
(a) is not a citizen of India; or
(b) is under twenty-five years of age; or
(c) holds any office of profit under the Central Government, any State Government or the Panchayat or any other local authority; or
(d) has been dismissed on or after the eleventh August, 1961, from the service of the Government or any local authority for misconduct unless a period of five years has elapsed from such dismissal; or SEC. 1] THE GAZETTE OF INDlA EXTRAORDINARY 209
(e) has directly or indirectly any share or monetary Interest in any work done by or to the Panchayat or any contract or employment with, under or by or on behalf of the Panchayat;
or (/) is an undischarged insolvent; or
(g) is of unsound mind and stands so declared by a competent court; or
(h) is suffering from infectious leprosy; or
(i) has been convicted by a criminal court of any offence involving moral turpitude and sentenced to imprisonment for not less than six months and five years have not elapsed since his release; or !
(j) is In arrear for such period as may be prescribed of any tax, fee or other sum due to the Panchayat.
13. If any question arises as to whether a member of a Panchayat has become subject to any disqualification mentioned in section 12, it shall be referred to the prescribed authority for decision and its decision thereon shall be final.
14 (1) Every person who is a citizen of India and not less than twenty-one years of age on the prescribed date and who is ordinarily resident In a village shall be entitled to be registered as an elector in the electoral roll for that village:
Provided that a person shall not be so entitled if he ia of unsound mind and stands so declared by a competent court
Explanation.—A person shall be deemed to be ordinarily resident in a village if he has been ordinarily residing therein or is in possession of a dwelling house therein ready for occupation.
(2) The electoral roll for a village shall be prepared in accordance with such rules as may be made in this behalf by the Administrator.
15. Every person whose name is, for the time being, entered in the electoral roll for a village as an elector shall be entitled to vote at the election of a member of the Panchayat for that village.
16. The election of members of a Panchayat shall be held in accordance with such rules as may be made in this behalf by the Administrator on such date or dates as the Administrator may, by notification, direct:
Provided that a casual vacancy shall be filled as soon as may be after the occurrence of the vacancy:
Decision on questions as to disqualification.
Electors and electoral rolls.
Right to vote.
Election of member*.
210 THE GAZETTE OF INDIA EXTRAORDINARY [PART II
Provided further that no election shall be held to fill a casual vacancy occurring within three months prior to the general election for a Panchayat under this section:
Provided also that till the electoral roll of a village has been prepared, a casual vacancy shall be filled by co-option by the Panchayat of a person entitled to be registered as an elector in the electoral roll of the village, ;
S S ? 1 1 8 of 17- V) I f t h e validity of an election of a member of a Panchayat election. j s cane(j m question by any person qualified to vote at the election to which such question relates, such person may, at any time within fifteen days after the date of declaration of the result of the election, apply to the prescribed authority in such form as may be prescribed, for the determination of such question.
(2) If, on receipt of an application under sub-section (1) and after making such inquiry as he considers necessary, the prescribed authority Is satisfied—
(a) that any member who has been elected was on the date of election subject to any of the disqualifications mentioned In section 12, or
(b) that any corrupt practice has been committed by any member who has been elected or by any other person with the consent of such member, or
(c) that the result of the election, in so far as it concerns an elected member, has been materially affected—
(i) by any corrupt practice committed in the interest of the elected member by any person without the consent of such member, or
(ii) by any non-compliance with the provisions of this Regulation or any rules or orders made thereunder, the prescribed authority shall declare the election of such member to be invalid, and such declaration shall be final:
Provided that no election of a member shall be declared invalid on the ground that such member committed a corrupt practice unless he has been given an opportunity to show cause against such declaration.
(3) Where the prescribed authority declares trie election of any member to be invalid on the ground that he committed a corrupt practice, the prescribed authority may declare such member to be disqualified from exercising any electoral right or from being a SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 211 member of any Panchayat for such period not exceeding five years, as he may determine.
(4) A person shall be d?emed to have committed a corrupt practime if he, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration or holds out any promise of individual profit or any threat of injury to any person.
18. If the prescribed authority declares the election of any ] member to be invalid, a fresh ejection to fill the vacancv so caused ' shall be held in accordance with the provisions of this Regulation.
19. No civil court shall have jurisdiction to question the legality ;
of any action taken or any decision given by the prescribed authority ] In connection with the conduct of elections under this Regulation. ' l