Introduction

After independence, the importance of establishing and developing Local self-government in rural areas was realized and the U.P. Panchayat Raj Act, 1947 was promulgated to fulfill this objective. Consequently gram sabha and gram Panchayat in every village or for a group of villages were established throughout 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 local self-government". Subsequently different committees recommended that Constitutional status be accorded to Panchayat Raj and Urban Local Bodies Institutions and the elections to these institutions be conducted by separate Election Commission. As a consequence, the 73rd and 74th Amendment in the Constitution came into effect from 24th April, 1993.
2- Article 243K 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, 23rd, 1994.
The functioning of the Panchayat Raj Bodies is governed by two separate acts, one for Gram Panchayats 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 to conduct the election to the office of Pradhan and Member of a Gram Panchayat is vested in the State Election Commission. Under Section 12 BB, 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 districts. Similarly, according to section 264-B of the U.P. Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961, the superintendence, direction and control to conduct the election to the office of Adhyaksh and Member of a Zila Panchayat and of Pramukh and Member of a Kshetra Panchayat is vested 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 Nagar Palika Parishads and 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 Act, 1959, the superintendence, direction and control to conduct the election to the office of Chairpersons , Members, Mayors and Corporators is vested in the State Election Commission.
The electoral rolls are prepared according to the rules under the provisions of related Acts, guidelines and instructions given by the State Election Commission. There are specific provisions to this effect under section 9 of the U.P. Panchayat Raj Act, 1947.
Section 6B of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam, 1961 deals with preparation of electoral rolls for Kshetra Panchayat and section 18B of the aforesaid Act pertains to the preparation of electoral rolls for Zila Panchayat.
Likewise section 12A to 12G of the U.P. Municipalities Act, 1916 deals with the preparation of electoral rolls of Nagar Palika Parishads and Nagar Panchayats. Section 35 to 40 of the U.P. Municipal Corporation Act, 1959 deals with the preparation of electoral rolls of the Municipal Corporation.
The State Government has made certain rules for the conduct of Panchayats election as cited below:
  1. Uttar Pradesh State Election Commission (Panchayat Raj & Local Bodies) (Appointment & Conditions of Service) Rules, 1994.
  2. Uttar Pradesh Panchayat Raj (Registration of Electors) Rules, 1994.
  3. Uttar Pradesh Panchayat Raj (Election of Members, Pradhans and Up-Pradhans) Rules, 1994.
  4. Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994.
  5. Uttar Pradesh Panchayat Raj (Settlement of Election Disputes) Rules, 1994.
  6. Uttar Pradesh Kshetra Panchayats and Zila Panchayats (Election of Members) Rules, 1994.
  7. Uttar Pradesh Zila Panchayats (Election of Adhyaksh and Up-Adhyaksh and Settlement of Election Disputes) Rules, 1994.
  8. Uttar Pradesh Kshetra Panchayats (Election of Pramukh and Up-Pramukh and Settlement of Election Disputes) Rules, 1994.
For conducting the Urban Local Bodies election, the State Government has made the following rules:-
  1. U.P. Municipalities (Preparation and Revision of Electoral Roll) Rules, 1994.
  2. U.P. Municipal Corporations (Preparation and Revision of Electoral Roll) Rules, 1994.
  3. U.P. Municipalities (Election of Members, Corporators, Chairmen and Mayors) Rules, 2010.
  4. U.P. Municipalities (Election of Members, Corporators, Chairmen and Mayors) (First Amendment) Rules, 2013.

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