After
independence, the importance of establishing and developing Local self-govt. in rural
areas was realized and the U.P. Panchayat Raj Act 1974 was promulgated to fulfill this
objective. Consequently gram sabhas and gram panchayats in every village or for a group of
villages were established through out the state. The Constitution of India as enforced on
January 26, 1950 provides that "The State shall take steps to organize village
panchayats and endow them with such powers and authority as may be necessary to enable
them to function as units of self government". Subsequently different committees
recommended that Constitutional status be accorded to Panchayat Raj and Local Bodies
Institutions and the elections to these institutions be conducted by separate Election
Commission. As a consequence, the Constitution (73rd Amendment) Act came into effect from
24th April, 1993.
2- Article 243-K of
the Constitution of India states that :-
"The
superintendence, direction and control of the preparation of electoral rolls for, and the
conduct of, all elections to the panchayats shall be vested in a State Election Commission
consisting of a State Election Commissioner to be appointed by the Governor".
The Uttar Pradesh State Election Commission was constituted by the State Government for
the first time on April, 23, 1994 and the First State Election Commissioner (Sri
R.D.Sonker) took charge as a State Election Commissioner on the same date.
The functioning of
the Panchayat Raj Bodies is governed by two separate acts, one for Gram Panchayat and the
other for the Kshetra Panchayats and Zila Panchayats. According to section 12BB of the
U.P. Panchayat Raj Act 1947, the superintendence, direction and control of the conduct of
the election to the office of Pradhan and a Member of a Gram Panchayat are
vested in the State Election Commission. Under Section 12 BC, subject to the supervision
and control of the State Election Commission, the District Magistrate supervises the
conduct of all elections of the Pradhans and the Members of the Gram
Panchayats in the district. Similarly, according to section 246-B(2) of the U.P. Kshetra
Panchayats and Zila Panchayats Adhiniyam, 1961, the superintendence, direction and control
to conduct the election to the office of a Adhyaksh and a Member of a Zila
Panchayat and of a Pramukh and a Member of a Kshetra Panchayats vests in the
State Election Commission.
Like rural local
bodies, the Urban local bodies in the State are governed by two separate Acts, one
governing the municipalities including Nagar Panchayats and the other for Municipal
Corporations. According to Section 13-B of the U.P. Municipalities Act. 1916 and section
45 of the U.P. Municipal Corporation Adhiniyam 1959, the superintendence, direction and
control of the conduct of the election to the Municipalities and elections of the
Mahapaur and Parshad of the Corporation vest in the State Election
Commission.
The electoral rolls
are prepared according to the rules prepared under the provisions of related Acts and the
guidelines & instructions given by the State Election Commission. There are specific
provisions to this effect under section 9 of the Panchayat Raj Act, 1947 whereas section
11-B and 12-C of the Panchayat Raj Act, deals with the provision for the election of
Pradhan and Members of the Gram Panchayat.
The section 6B and
6C of the U.P. Kshetra Panchayat & Zila Panchayat Adhiniyam, 1961 deals with
preperations of electoral roll for kshetra panchayat and section 18B & 18C of the
aforesaid Act pertains to the preparation of electoral rolls for zila panchayats.
Like wise section 12
& 13 of the U.P. Municipalities Act 1916 deals with the preparation of Election rolls
& elections of the members of Municipalities respectively. The section 43 of the Act
deals with the election of Chairperson of the Municipalities while section 35 & 40 of
the U.P. Municipal Corporation Adiniyam, 1959 deals with the preparation of electoral
rolls of the Municipal Corporation and section 11A,12 & 27 of the aforesaid Act
provides for the elections of Mahapaur and Parshad of the
Municipal Corporation.
The State Government have made certain rules for the conduct of panchayat elections as
cited below :
1. Uttar Pradesh State Election Commission (Panchayat Raj and Local Bodies ) (Appointment
and Conditions of Service) Rules, 1994
2. U.P. Panchayat Raj (Registration of Electors) Rules, 1994
3. U.P. Panchayat Raj (Computation of Period of five years for Removal of
Disqualification, Fixation of period of dues etc. and Settlement of Disputes of
Disqualification) Rules, 1994
4. U.P. Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994
5. U.P. Panchayat Raj (Settlement of Election Disputes) Rules, 1994
6. U.P. Kshetra Panchayats and Zila Panchayats (Election of Members) Rules, 1994
7. U.P. Kshetra Panchayats and Zila Panchayats (Oath of office of Adhyaksh or Pramukh
etc.) Rules, 1994
8. U.P. Zila Panchayats (Election of Adhyaksh and Up-Adhyaksh and Settlement of Election
Disputes) Rules, 1994
9. U.P. Kshetra Panchayats (Election of Pramukh and Up-Pramukh and Settlement of Election
Disputes) Rules, 1994
10. U.P. Kshetra Panchayats (Removal of Disqualification and Settlement of Disputes
Relating to Disqualification and Membership) Rules, 1994
For conducting the Urban Local Bodies election, the State Government has made the
following rules :-
1. U.P. Nagar Palika (Preparation of Electoral Roll and Revision) Rules,1994
2. U.P. Nagar Nigam (Preparation of Electoral Roll and Revision) Rules,1994
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