Election Machinery

Q(1). Which authority conducts elections to Rural Local Bodies (Zila Parishad, Panchayat Samiti, Gram Panchayat and Gram Katchahry) and Urban Local Bodies (Nagar Nigam, Nagar Parishad and Nagar Panchayats)?

Under Article 243K and 243ZA of the Constitution of India, the State Election Commission is vested with powers of superintendence, direction and control of the preparation of Electoral Rolls for, and the conduct of, all elections to the Rural Local Bodies (RLBs) and Urban Local Bodies (ULBs).

Similar provision has been made in consonance with the provision of Article 243 K and 243 ZA under Section 123 of Bihar Panchayat Raj Act, 2006 and 14A of the Bihar Municipal Corporation Act, 2007.

Q(2). What is the present composition of the State Election Commission?

The State Election Commission is a Single-Member-Body consisting only of the State Election Commissioner.

Q(3). Who appoints the State Election Commissioner?   What are the qualifications, tenure and service conditions of the State Election Commissioner?

The Governor of the State appoints the State Election Commissioner in exercise of the powers conferred on him under Art. 243K of the Constitution.

In pursuance of the provisions contained in clause (2) of Article 243K , the State Govt. has prescribed the conditions of service and tenure of the office of the State Election Commissioner in "The State Election Commissioner Appointment conditions of service, Rules, 1998 and 2000 which are in consonance with the provisions contained in clause (2) of Article 243K . It states that the State Election Commissioner shall be appointed by the Governor of the State. The qualification for the State Election Commissioner has been prescribed as that of a person who on the date of appointment or date of retirement has hold or is holding a post in the rank of Additional secretary or higher rank in the Central Govt. or equivalent post in the State Government.

The tenure of the State Election Commissioner has been prescribed as three years from the date he assumes office subject to that where the State Election Commissioner attains the age of sixty four years before the expiry of the said three years, he shall vacate his office on the date on which he attains the said age.

A person, who on the date of his appointment as State Election Commissioner was in the service of Government, shall have to resign or take retirement from the service to which he belonged. The State Election Commissioner is entitled to the same salary and allowances which were admissible to him at the time of retirement prior to his appointment as State Election Commissioner subject to the condition that his salary in respect of service as the State Election Commission shall be reduced by (a) by the amount of present pension (b) by the amount of the commuted value in respect of previous if he had, before assuming office, received in lieu of the portion of the pension due to him. The State Election Commissioner shall be entitled to travelling allowance, rent free and furnished accommodation, conveyance facilities, medical facilities, leave and such other conditions of service as are for the time being, applicable to an officer of Indian Administrative Services in the same or equivalent scale of pay. The Governor of the State is vested with the power to grant leave to the State Election Commissioner and make working arrangements in case of absence of the State Election Commissioner due to leave or some other cause.

The State Election Commissioner is entitled to an extra monthly pension of rupees four hundred and fifty for each complete year of service in addition to the pension from the State Govt.

The State Election Commissioner has been delegated all the financial powers available to an administrative secretary to the Govt. vide order issued under memo no. 3271 dated 21.10.95. But instructions relating to ban on purchase of vehicles, recruitment and other such instructions for the government departments are made applicable to the State Election Commission also.

The State Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the High Court.

Panchayat Elections

Q(4). Who appoints the District Election Officers (Panchayat) ?

Under Section 125 of the Bihar Panchayat Raj Act, 2006 the State Election Commission designates or nominates the District Magistrate as the District Election Officer (Panchayat) for each district. The District Election Officer coordinates and supervises all works relating to conduct of elections within his jurisdiction subject to the direction, control and superintendence of the Commission.

The District Election Officer (Panchayat) may appoint one or more Deputy District Election Officer (Panchayat) for his assistance with the approval of the State Election Commission.

Q(5). Who appoints the Returning Officers/Assistant Returning Officer (Panchayat)?

Under section 125(3) and 125(4) of the Bihar Panchayat Raj Act, 2006 the District Election Officer (Panchayat) on being authorized by the State Election Commission appoints Returning Officer (Panchayat) who shall not be below the rank of Block Development Officer/Circle Officer/Deputy Collector.

To assist the Returning Officer (Panchayat) in the discharge of his function, the District Election Officer (Panchayat) with approval or authority of the Commission appoints one or more Assistant Returning Officer (Panchayat), who shall be an Officer of the State Government. 

Q(6). Who appoints the Presiding & Polling Officers?

Under Section 125(5) of Bihar Panchayat Raj Act, 2006, the District Election Officer (Panchayat) appoints a Presiding Officer and such number of polling officer or officers as he may deem necessary for the assistance of the Presiding Officer, for each polling station. 

Q(7). Who can appoint Election Observers?

The State Election Commission appoints election observers and assigns them specific responsibilities for supervision of the poll-process in exercise of the plenary powers vested in him under Article 243K of the Constitution, and under section 128 of the Bihar Panchayat Raj Act, 2006.

Q(8). How are the Members of Gram Panchayats, Panch of  a Gram Kutchahry, members of Panchayat Samiti and Members of Zila Parishad elected?

The Members of Gram Panchayats, Panch of Gram Kutchahry, Members of Panchayat Samiti and Zila Parishad are elected directly by the electorates of the respective territorial constituencies through universal adult franchise.

Q(9). How are the Mukhiya and Up-Mukhiya of a Gram Panchayat, Surpanch and Up-Surpanch of Gram Kutchahry, Pramukh and Up-Pramukh of Panchayat Samiti and Adhayaksha and Up-Adhayaksha of Zila Parishad Elected?

Mukhiya of a Gram Panchayat/Sarpanch of Gram Kutchahry is directly elected by the voters enrolled in the voter’s list of the concerned Gram Panchayat. The Up-Mukhiya/Up-Sarpanch is elected by the elected members of Gram Panchayat/Panches of Gram Kutchahry from amongst themselves at the first meeting of the Gram Panchayat/Gram Kutchahry after a general election.

Pramukh and Up-Pramukh of the Panchayat Samiti are elected by the elected members of the Panchayat Samiti from amongst themselves.

Adhayaksha and Up Adhayaksha of the Zila are elected by the elected members of the Zila Parishad from amongst themselves. 

Q(10). Who is responsible for preparation of Electoral Rolls for direct elections to PRIs? How is such Electoral Roll prepared?

The electoral roll for direct election to Panchayat Institutions is prepared by the District Election Officer (Panchayat) under the direction, control and supervision of the State Election Commission.

Such electoral rolls are prepared Gram Panchayat Ward-wise and Panchayat Samiti and Zila Parishad territorial Constituency-wise by splitting the electoral roll of the Assembly Constituency for the time being in force related to the area comprised within the Gram Panchayat/ Samiti/ Parishad territorial Constituency.

Q(11). Who is responsible for delimitation of wards (territorial constituencies) for Constitution of Gram Panchayat? How is such delimitation carried out?

The District Magistrate is responsible under rule 3 of Bihar Panchayat Elections Rules, 2006 to determine the number of territorial constituencies into which the Gram Panchayat is to be divided and the extent of each such territorial constituency under the superintendence, direction and control of the State Election Commission.

Territorial Constituencies of the Gram Panchayat will be constituted in such a way that all the territorial constituencies are covered under the area of the Gram Panchayat concerned.

The delimitation is carried out on the basis of decennial population census figures. Every territorial constituency of the Gram Panchayat will have the population of 500 or so far may be, nearer to that.

Q(12). Who is responsible for delimitation of Samiti Constituency for constitution of Panchayat Samiti? How is such delimitation carried out?

The District Magistrate is responsible under rule 3 of Bihar Panchayat Elections Rules, 2006 to determine the number of territorial constituencies into which the Panchayat Samiti is to be divided and the extent of each such territorial constituency under the superintendence, direction and control of the State Election Commission.

The territorial constituency of the Panchayat Samiti will be constituted in such a way that:

• All the territorial constituencies of the Panchayat Samiti are covered under the area of the Panchayat Samiti concerned;
• Each of the territorial constituency of the Panchayat Samiti is covered under the specified Gram Panchayat area; and
• No territorial constituency of a Gram Panchayat is split due to the constitution of the territorial constituencies of the Panchayat Samiti in any case.

The delimitation is carried out on the basis of decennial population census figures. The area of Panchayat Samiti is divided into territorial constituencies in such a manner that every territorial constituency of the Panchayat Samiti will have the population of 5,000 or so far may be, nearer to that.

Q(13). Who is responsible for delimitation of Parishad Constituency for constitution of Zila Parishad? How is such delimitation carried out?

The District Magistrate is responsible under rule 3 of Bihar Panchayat Elections Rules, 2006 to determine the number of territorial constituencies into which the Zila Parishad is to be divided and the extent of each such territorial constituencies under the superintendence, direction and control of the State Election Commission.

The territorial constituencies of the Zila Parishad will be constituted in such a way that:

• All the territorial constituencies of the Zila Parishad are covered under the area of Zila Parishad concerned;
• Each of the territorial constituency of the Zila Parishad is covered under the specified Zila Parishad; and
• No territorial constituency of the Panchayat Samiti is split due to the constitution of territorial constituencies of the Zila Parishad in any case.

The delimitation is carried out on the basis of decennial population census figures. The area of the Zila Parishad is divided into territorial constituencies in such a manner that every constituency as far as practicable as a population of 50,000 or so far may be, nearer to that. It should not extend beyond the territorial limits of the Block. 

Q(14). Who is responsible for reservation of seats for members in Gram Panchayat/ Gram Kutchahry/ Panchayat Samiti and Zila Parishad? How is such reservation carried out in each category of Panchayat Institutions?

Under Rule–9 of the Bihar Panchayat Election Rules, 2006, the District Magistrate is responsible for making reservation of seats for members in Gram Panchayat/ Gram Katchahry/ Panchayat Samiti and Zila Parishad under the superintendence, direction and control of the State Election Commission.

Section-13, 38, 65 and 91 of Bihar Panchayat Raj Act, 2006 provide for the reservation of seats of the member in the Panchayati Raj Institutions.

Section 13: Reservation of seats for members of Gram Panchayats —

(1) In every Gram Panchayat, as nearly as but not exceeding fifty percent of the total seats of members of Gram Panchayat shall be reserved for

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Gram Panchayat as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Gram Panchayat in such manner as may be prescribed by it.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

Section 38: Reservation of Seats for members of Panchayats Samiti —

(1) In every Panchayat Samiti, as nearly as but not exceeding fifty percent of the total seats of the member of Panchayat Samiti shall be reserved for

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Panchayat Samiti as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes taken together and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Panchayat Samiti in such manner as may be prescribed by it.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

Section 65: Reservation of seats for members of Zila Parishad —

(1) In every Zila Parishad, as nearly as but not exceeding fifty percent of the total seats of the member of Zila Parishad shall be reserved for

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Zila Parishad as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Zila Parishad by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Zila Parishad by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Zila Parishad in such manner as may be prescribed by it.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

Section 91: Reservation of seats for Panches of Gram Katchahry —

(1) In every Gram Katchahry, as nearly as but not exceeding fifty percent of the total seats of the Panches of Gram Katchahry shall be reserved for

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that Gram Katchahry as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a Gram Katchahry by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a Gram Panchayat by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Gram Katchahry and in such manner as may be prescribed by it.

Q(15). Is there any reservation for the post of Mukhiya of the Gram Panchayat/Sarpanch of Gram Katchahry/Pramukh of the Panchayat Samiti/Adhayaksha of the Zila Parishad?

Yes; section 15(5), 93(5), 40(2) and 67(2) provide for reservation of Mukhiya/Sarpanch/Pramukh and Adhyaksha respectively.

Section 15(5): Reservation of seats for Mukhiya —

(1) For the post of Mukhiya, as nearly as but not exceeding fifty percent of the total seats of Mukhiya within every Panchayat Samiti shall be reserved for :–

1. Scheduled Castes
2. Scheduled Tribes; and
3. Backward Classes.

Within every Panchayat Samiti, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Mukhiya and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Mukhiya within the said Panchayat Samiti as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Gram Panchayats within the Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats of Mukhiya for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Gram Panchayats by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Gram Panchayats within a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats so reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different constituencies in a Gram Panchayat in such manner as may be prescribed by the State Election Commission.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

Section 93(5): Reservation of seats for Sarpanch —

(1) For the post of Sarpanch, as nearly as but not exceeding fifty percent of the total seats of Sarpanch in every Panchayat Samiti shall be reserved for :–

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

Within every Panchayat Samiti, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Sarpanch and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Sarpanch within the said Panchayat Samiti as the population of the Scheduled Castes/Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different Gram Katchaharis within the Panchayat Samiti by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Gram Katchaharis by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Gram Katchaharis in a Panchayat Samiti by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats so reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category shall be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different Gram Katchaharis in such manner as may be prescribed by the State Election Commission.

Section 40(2): Reservation of Seats for the post of Pramukh —

(1) For the post of Pramukh, as nearly as but not exceeding fifty percent of the total seats of Pramukh in every district shall be reserved for -

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

Within every district, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the post of Pramukh and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Pramukh within the said district as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of that area and such seats shall be allotted by rotation to different Panchayat Samitis within the district by the District Magistrate under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

After reservation of seats of Pramukh for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Panchayat Samitis by the District Magistrate in the prescribed manner. Such seats shall be allotted by rotation to different Panchayat Samitis in a district by the District Magistrate during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats of Pramukh so reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats of Pramukh not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats of Pramukh reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the District Magistrate under the direction, control and supervision of the State Election Commission to different Panchayat Samitis in a district in such manner as may be prescribed by it.
The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

Section 67(2): Reservation of seats for the post of Adhayaksha —

(1) For the post of Adhayaksha, as nearly as but not exceeding fifty percent of the total seats of Adhayaksha in the State shall be reserved for — 

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

Within the State, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Adhayaksha and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Adhayaksha within the State as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of the State and such seats shall be allotted by rotation to different Zila Parishads by the State Election Commission in the prescribed manner.

After reservation of seats of Adhyaksha for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Zila Parishads by the State Election Commission in the prescribed manner. Such seats shall be allotted by rotation to different Zila Parishads in the State by the State Election Commission in subsequent elections in the manner prescribed by it.

(2) As nearly as but not exceeding fifty percent of the total number of seats of Adhayaksha so reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(3) As nearly as but not exceeding fifty percent of the total number of seats of Adhayaksha not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(4) Such total number of seats of Adhayaksha reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by the State Election Commission to different Zila Parishads in the State in the manner as may be prescribed by it.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Panchayat Raj Act, 1993.

Q(16). Is there any reservation for Dy. Chairpersons, that is, Up-Mukhiya/Up-Sarpanch/Up-Pramukh or Up-Adhyaksha?

There is no reservation for Dy. Chairpersons.

Q(17). What is the term of office of Pramukh, Up-Pramukh of Panchayat Samiti and Adhayaksha, Up-Adhayaksha of Zila Parishad? How can they be removed?

The term of office of Pramukh, Up-Pramukh, Adhayaksha and Up-Adhayaksha is five years from the date of their first meeting after every General Election.

Q(18). Who is eligible to vote in the Panchayat election?

All persons of 18 years of age who are enrolled as electors in the Electoral Roll of the concerned PRI prepared for the purpose are eligible to vote in the Panchayat Elections.

Q(19). What are the disqualifications for membership of a PRI?

Section 136 of the Bihar Panchayat Raj Act, 2006 deals with disqualification for membership.

Section 136: Disqualification for Membership —

(1) Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as Mukhiya, Sarpanch, member of the Gram Panchayat, Panch of the Gram Katchahry, member of the Panchayat Samiti and member of Zila Parishad, if such person —

1. is not a citizen of India;
2. is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State:
   Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years;
3. is in the service of Central or State Government or any local authority;
4. is in service of any such institution receiving aid from Central or State Government or any local authority;
5. has been adjudged by a competent court to be of unsound mind;
6. has been dismissed from the service of Central or State Government or any local authority for misconduct and has been declared to be disqualified for employment in the public service;
7. has been sentenced by a criminal court whether within or out of India to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for good behavior under section 109 or section 110 of the Code of Criminal Procedure 1973 (Act 2, 1974) and such sentence or order not having subsequently been reversed;
8. has under any law for the time being in force become ineligible to be a member of any local authority;
9. holds any salaried office or office of profit under the Panchayat;
10. has been found guilty of corrupt practices, provided that on being found guilty of corrupt practices, the disqualification shall cease after six years of general election.

Q(20). Who is the competent authority to decide such a disqualification?

State Election Commission. If any question arises as to whether a Member of a Panchayat at any level or Mukhiya/ Sarpanch of Gram Panchayat / Gram Katchahry was before election or has become after election subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of State Election Commissioner. The matter of disqualification may be brought to the notice of State Election Commission in the form of a complaint, application or information by any person or authority. The State Election Commission may also take suo-motu cognizance of such matters and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard.

Q(21). If an elected member of Panchayat is elected from other authority also, can he retain both the posts?

If a person, who is chosen as a member of Panchayat, a Mukhiya, a Sarpanch or Panch is or becomes Member of the Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation or a Member of a Sanitary Board, or a member of a Nagar Panchayat or a member of any other Panchayat or Mukhiya, then within fifteen days from the date of commencement of the term of office of a Member of Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, or of a Councillor of Municipality or Municipal Corporation or a Member of Sanitary Board or Nagar Panchayat or a Member of other Panchayat or Mukhiya, his seat in the Panchayat shall become vacant unless he has previously resigned his seat in the Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, Municipality or the Municipal Corporation, Sanitary Board or the Nagar Panchayat or of any such Panchayat as the case may be.

Q(22). Is administration of oath necessary for an elected representative?

Yes. Immediately after election a member of a Panchayat, Sarpanch or Panch of a Gram Katchahry and Mukhiya of Gram Panchayat shall make and subscribe before such person as the State Election Commission may appoint in this behalf, an oath or affirmation and if such member of a Panchayat, Sarpanch or Panch of a Gram Katchahry or Mukhiya declines or otherwise refuses to make and subscribe such oath or affirmation as aforesaid shall be deemed to have vacated his office forthwith. If such member of a Panchayat, Sarpanch or Panch of a Gram Katchahry or Mukhiya fails to make and subscribe an oath/affirmation after election and within three months of the date on which his term of office commences, his seat on the expiry of the said period shall be deemed to have become vacant.

Q(23). Which is the relevant date for determining the age (18 years) of a voter?

Unless the State Election Commission prescribes otherwise, the qualifying date for determining the age of a voter would mean the first day of January of the year as has been prescribed as the reference date by the Election Commission of India for the Electoral Roll to State Assembly and Parliament under section 14(b) of R.P. Act, 1950.

Q(24). What’s the amount of nomination fee for contesting as a candidate for elections to GP/GK/PS/ZP? Is there any concession for a candidate belonging to SC, ST and Women?

The amount enumerated below is required to be deposited as nomination fee along with nomination paper for contesting various offices of PRIs:

However, for candidates belonging to SC, ST, Backward Classes and Women, the rate is as follows:

Q(25). Is the nomination fee refundable after completion of election?

No; whether a candidate wins or loses, the nomination fee is not refunded.

Q(26). What is the permissible limit of expenditure that a candidate can incur in an election?

Rule 118 of Bihar Panchayat Election Rules, 2006 provides the following expenditure limit -

1. For Zila Parishad Member – Rs. 50,000.00 (Fifty thousand)
2. Gram Panchayat Mukhiya and Sarpanch – Rs. 25,000.00 (Twenty five thousand)
3. Panchayat Samiti Member – Rs. 20,000.00 (Twenty thousand )
4. Garam Panchayat Member/Panch of Gram Kachahry - Rs. 10,000.00 (Ten thousand)

Q(27). Is there any punishment for violation of the permissible limit of expenditure or failure to lodge account of election expenses ?

Yes; if a candidate exceeds the expenditure limit or has not kept a separate and correct account of all expenditure incurred or fails to lodge the account of election expenses within the prescribed period of thirty days, he may be disqualified by the State Election Commission for a period of three years from the date of its order.

Q(28). How many GPs and Gram Katchahries are there in Bihar? How many members of Gram Panchayats and Gram Katchahries are elected to these institutions?

There are 8463 Gram Panchayats and similar number of Gram Katcharies in Bihar.

A total of 1,15,876 Members of Gram Panchayat and similar number of Panches of Gram Katchahries are elected.

Q(29). How many Panchayat Samities are there is Bihar? How many members are directly elected to these Samities?

There are 531 Panchayat samities in the State.

11,566 nos. of members are directly elected to these Samities.

Q(30). How many Zila Parishads are there in Bihar? How many members are directly elected to these Parishads?

There are 38 (Thirty Eight) Zila Parishad in Bihar.

1,162 nos. of members are directly elected to these Parishads.

Q(31). How many polling booths were set up during the last general elections to the Panchayat Bodies during 2001 and 2006?

1,16,029 nos. of polling booths were set up during 2001 General Elections where as 1,16,664 nos. were set up during 2006 General Elections.

Q(32). How are the Polling Stations assigned in Panchayat election? Where are such Polling Stations located?

Normally one polling station is established in each ward. If number of voters in a ward exceed 1200, an additional polling station may be set up with permission of the Commission. The Polling Station is generally located in public buildings within the ward. If there is no permanent public building available in the ward, a chalant (temporary) polling station my be set up in a suitable land, preferably government land or house subject to approval by the Commission.

Q(33). How and where  is the counting done and  results declared for election of a member of Gram Panchayat/Mukhiya and Panches/ Sarpanches of Gram Kutchahry/ Members of Panchayat Samiti and Zila Parishad?

The District Magistrate selects the place of counting in Block/sub-division/District headquarter keeping in view administrative convenience with the approval of the State Election Commission. A Counting Centre is generally located in Government building including School building.

The Block Development Officer/ Circle Officer is normally appointed as the Returning Officer for the post of Mukhiya of the Gram Panchayat/Member of Gram Panchayat/Panch and Sarpanch of Gram Kachahary and the Member of Panchayat Samiti. He is also Assistant Returning Officer for the Post of Member of Zila Parishad. The Sub-divisional Officer of the concerned or area or a person holding equivalent post is appointed as the Returning Officer for the post of Member of Zila Parishad.

Polled boxes are brought from different areas of the Block to the counting centres and are kept in the strong room made for the purpose. On the date fixed for counting, polled Ballot papers are counted in the presence of the candidates or their agents with the help of Counting Supervisors and Counting Assistants in the manner prescribed by the State Election Commission. In case of Member of Gram Panchayat, the result of counting candidate-wise is prepared in Form-19 and in case of Mukhiya of Gram Panchayat/ Member of Panchayat Samiti/ Zila Parishad, the result of counting candidate-wise is prepared in Form-20. Returning Officer for the post of Member of Gram Panchayat/Mukhiya/Member of Panchayat Samiti compiles the final results in Form-21 and issues Election Certificate in Form-22 to the winning candidates.

In case of Member of Zila Parishad the Assistant Returning Officer takes up counting of votes polled at different polling stations and forwards the result of counting in Form–20 to the Returning Officer i.e.; Sub-divisional Officer. The Returning Officer compiles the final results in Form-21 and issues the Election Certificate in Form-22 to the winning candidates.

If polls are taken by EVM, the counting is done according to the procedure laid down by the State Election Commission. 

Q(34). What is the procedure for formal constitution of a Gram Panchayat? From which date is a Gram Panchayat deemed as formally constituted? What is its tenure?

Every Gram Panchayat is constituted of the elected members of Gram Panchayat and Mukhiya. A Gram Panchayat is deemed as formally constituted from the date of first meeting of the Gram Panchayat and its tenure is 5 years from the said date.

Q(35). What is the procedure for formal constitution of a PS ? From which date is a P.S deemed as formally constituted? What is its tenure?

A Panchayat Samiti is constituted of  Pramukh, Up-Pramukh , Elected Members of the Panchayat Samiti and also Mukhiya of Gram Panchayat situated within the block, every member of the House of People and of the Legislative Assembly representing constituencies which comprise wholly or partly the area of the Samiti and every member  of Rajya Sabha who is registered  as an elector within the area of the Samiti as ex-officio members. The ex-officio members cannot exercise the right to vote at the time of election of Pramukh and Up-Pramukh. A Panchayat Samiti is formally constituted on the date of its 1^st meeting after every General Election and its tenure is 5 years from the said date.

Q(36). What is the procedure for formal constitution of a Zila Parishad? From which date is a Z.P. deemed as formally constituted? What is its tenure?

Every Zila Parishad consists of the Adhayaksha and the Up-Adhayaksha and the members elected from every territorial constituency within the Zila Parishad area; and also Pramukh of each Panchayat Samiti situated within the district, every member of the House of the People and of State Legislative Assembly representing constituencies which comprise wholly or partly the area of the Parishad and members of the Rajya Sabha who are registered as electors within the area of the Parishad as ex-officio members. The ex-officio members cannot exercise the right to vote at the time of election of Adhayaksha and Up-Adhayaksha. Every Zila Parishad  is deemed as formally constituted  from the date of its 1^st meeting  and its tenure is 5 years from the date of such meeting.

Q(37). Are all elections to PRIs held on party lines?

No. All elections to Panchayat Institutions are held on non-party basis.

Q(38). What is an election petition? What is the time limit for filing of such petition?

The election to any office of a Panchayat or a Gram Katchahry may be called in question only by an election petition. The time limit for filing an election petition is 30 days from the date of publication of results.

Q(39). Where can the election petition be filed? What’s the amount of court fee for filing such petition?

Municipal Elections

Q(40). What is Municipality?

Municipality means an institution of Self-Government constituted under section 12 of Bihar Municipal Act, 2007, read with Article 243Q of the Constitution of India, and includes a Municipal Corporation (Nagar Nigam), a Municipal Council (Nagar Parishad), and a Nagar Panchayat, referred in section 13 of the Bihar Municipal Act, 2007.

Q(41). Who appoints the District Election Officers (Nagarpalika) ?

Under Section 443 of the Bihar Municipal Act, 2007 the State Election Commission designates or nominates the District Magistrate as the District Election Officer (Nagarpalika) for each district. The District Election Officer coordinates and supervises all works relating to conduct of elections within his jurisdiction subject to the direction, control and superintendence of the Commission.

The District Election Officer (Nagarpalika) may appoint one or more Deputy District Election Officer (Nagarpalika) for his assistance with the approval of the State Election Commission.

Q(42). Who appoints the Returning Officers/Assistance Returning Officer (Nagarpalika)?

Under section 443(3) and 443(4) of the Bihar Municipal Act, 2007 the District Election Officer (Nagarpalika) on being authorized by the State Election Commission appoints Returning Officer (Nagarpalika) who shall not be below the rank of Deputy Collector.

To assist the Returning Officer (Nagarpalika) in the discharge of his function, the District Election Officer (Nagarpalika) with approval or authority of the Commission appoints one or more Assistant Returning Officer (Nagarpalika), who shall be an Officer of the State Government. 

Q(43). Who appoints Polling Officers/Presiding Officers?

Under Section 443(5) of the Bihar Municipal Act, 2007, the District Election Officer (Nagarpalika) appoints a Presiding Officer and such number of polling officer or officers as he may deem necessary for the assistance of the Presiding Officer, for each polling station.

Q(44). Who can appoint Election Observers?

The State Election Commission appoints election observers and assigns them specific responsibilities for supervision of the poll-process in exercise of the plenary powers vested in him under Article 243ZA of the Constitution, and under section 452 of the Bihar Municipal Act, 2007.

Q(45). How are the Ward Councilors of a Municipality elected?

The Ward Councillors are elected directly by the electorates of the respective ward through universal adult franchise.

Q(46). What’s the designation of Chief Councillors of different Municipalities?

Chief Councillor of Nagar Nigam – Mayor (Mahapaur)
Chief Councillor of Nagar Parishad – Municipal Chairperson (Nagar Sabhapati)
Chief Councillor of Nagar Panchayat – Municipal President (Nagar Adhayaksh)

Q(47). How are the Chief/Dy. Chief Councillors of Municipalities elected?

The Chief/Dy. Chief Councillor of a Municipality is elected by the respective Ward Councillors from amongst themselves and the person getting more than half of the total number of votes recorded is declared elected as Chief/Dy. Chief Councillor.

Q(48). Who is responsible for preparation of electoral rolls for direct election to Municipalities? How is such electoral roll prepared?

The electoral roll for direct election to a Municipal ward is prepared by the District Election Officer (Nagarpalika) under the direction, control and supervision of the State Election Commission.

Q(49). Who is the competent authority to constitute a Municipality?

The State Government.

Q(50). What are the different classifications of Municipalities?

The different classifications of municipalities are as given below:

1. A Larger urban area having population above 2,00,000;
2. A medium urban area of –
   Class ‘A’ municipal area having population above 1,50,000 but not exceeding 2,00,000, or
   Class ‘B’ municipal area having population above 1,00,000 but not exceeding 1,50,000, or
   Class ‘C’ municipal area having population above 40,000 but not exceeding 1,00,000, and
3. Transitional small urban area having population above 12,000 but not exceeding 40,000:
   Provided that for the purpose of classification of municipal areas in any hill area, pilgrim centre or mandi town, the government may, by notification, determine separate size of population for each class of such municipal areas.

Q(51). Who is the competent authority responsible for reservation of seats in Municipality? What are the legal provisions?

Under Rule 29(2) of the Bihar Municipal Election Rules, 2007, the District Magistrate is responsible for making reservation of seats in municipality under the superintendence, direction and control of the State Election Commission. Section-12 of the Bihar Municipal Act, 2007 provides for the reservation of seats of the ward councillors.

Section 12: — (2) (a) In every municipality, as nearly as but not exceeding fifty percent of the total seats of members of municipalities shall be reserved for

1. Scheduled Castes;
2. Scheduled Tribes; and
3. Backward Classes.

The number of seats so reserved for Scheduled Castes and Scheduled Tribes shall bear as nearly as may be, the same proportion to the total number of seats to be filled up by direct election in that municipals as the population of the Scheduled Castes and Scheduled Tribes bears to the total population of that area and such seats shall be allotted by rotation to different constituencies in a municipality under the direction, control and supervision of the State Election Commission in the prescribed manner.

After reservation of seats for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining constituencies by the State Election Commission in the prescribed manner. Such seats shall be allotted by rotation to different constituencies in a municipality by the State Election Commission during subsequent elections.

(b) As nearly as but not exceeding fifty percent of the total number of seats reserved under sub-section (1) shall be reserved for women belonging to the Scheduled Castes, the Scheduled Tribes and the Backward Classes, as the case may be.

(c) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(d) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation by State Election Commission to different constituencies in a municipality in such manner as may be prescribed by it.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Municipal (Amended) Act, 1995 and Patna Municipal Corporation (Amended) Act, 1995.

Q(52). Is there any reservation for the posts of Chief Councillors of Municipalities? What are the legal provisions?

Yes; section 29 of the Bihar Municipal Act, 2007 provides for reservation of Chief Councillors.

Section 29: Reservation of seats for Chief Councillor —

(1) The office of the Chief Councillor in municipalities shall be reserved in the following manner:–

(a) For the post of Chairman of every Municipality, as nearly as but not exceeding fifty percent of the total seats of Chairman in the State shall be reserved for - (i) Scheduled Castes; (ii) Scheduled Tribes; and (iii) Backward Classes.

Within the State, seats shall be reserved for Scheduled Castes and Scheduled Tribes for the posts of Chairman and the number of seats so reserved shall bear as nearly as possible the same proportion to the total number of seats of Chairman within the State as the population of the Scheduled Castes/Scheduled Tribes bears to the proportion of the total population of the State and such seats shall be allotted by rotation to different Municipalities by the State Election Commission in the manner prescribed by it.

After reservation of seats of Chairman for the Scheduled Castes and the Scheduled Tribes, the number of seats to be reserved for the Backward Classes shall be as nearly as possible but not exceeding twenty percent of the total seats and within the overall limit of fifty percent reservation for the Scheduled Castes, the Scheduled Tribes and the Backward Classes and shall be allotted to the remaining Municipalities by the State Election Commission in the manner prescribed by it. Such seats shall be allotted by rotation to different Municipalities during subsequent elections under the direction, control and supervision of the State Election Commission in the manner prescribed by it.

(b) As nearly as but not exceeding fifty percent of the total number of seats so reserved under sub-section (1) shall be reserved for women belonging to Scheduled Castes, Scheduled Tribes and Backward Classes as the case may be.

(c) As nearly as but not exceeding fifty percent of the total number of seats not reserved for Scheduled Castes, Scheduled Tribes and Backward Classes shall be reserved for women.

(d) Such total number of seats reserved for women belonging to the Scheduled Castes, the Scheduled Tribes, the Backward Classes and unreserved category may be allotted by rotation under the direction, control and supervision of the State Election Commission to different Municipalities in such manner as may be prescribed by it.

The principle of rotation for the purposes of reservation of offices for the Scheduled Castes and Scheduled Tribes under this sub-section shall commence from the first election held after the commencement of the Bihar Municipal (Amendment) Act, 1995 and Patna Municipal (Amendment) Act, 1995.

Q(53). Is there any reservation for Deputy Chief Councillor?

No; there is no provision of reservation for the post of Deputy Chief Councillor.

Q(54). What is the term of office of Chief Councillor/Dy. Chief Councillor of Municipalities? How can they be removed?

The term of office of Chief Councillor/Dy. Chief Councillor of Municipalities is five years from the date of their first meeting after every General Election. They can be removed either by (i) passing of no confidence motion by majority of the Councillors, or (ii) by the State Election Commission if they incur any disqualification under section 18 of the Bihar Municipal Act, 2007, or (iii) by the Divisional Commissioner if found guilty of charges under section 25(5) of the said Act.

Q(55). Who is eligible to vote in Municipal elections?

All persons of 18 years of age who are enrolled as electors in the Electoral Roll of the concerned Municipality prepared for the purpose are eligible to vote in the Municipal Elections.

Q(56). Who is eligible to contest as a candidate in the Municipal elections?

Any person whose name is registered as a voter in any ward in a Corporation/Municipality shall be eligible to contest as a candidate from any of the wards of the said Corporation/Municipality if he is not less than 21 years of age.            

Q(57). What are the disqualifications for Membership of a Municipality?

Section 18 of the Bihar Municipal Act, 2007 deals with disqualification for membership.

Section 18: Disqualifications -

(1) Notwithstanding anything contained in this Act, a person shall be disqualified for election or after election for holding the post as member of the Municipality if such person —

• Is not citizen of India;
• Is so disqualified by or under any law for the time being in force, for the purposes of elections to the Legislature of the State: Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years;
• Is in the service of Central or State Government or any local authority;
• Is in service of any such institution receiving aids from Central or State Government or any local authority;
• Has been adjudged by a competent court to be of unsound mind;
• Has been dismissed from the service of Central or State Government or any local authority for misconduct and has been declared to be disqualified for employment in the public service;
• Has been sentenced by a criminal court whether within or without India to imprisonment for an offence, other than a political offence, for a term exceeding six months or has been ordered to furnish security for good behavior under section 109 or section 110 of the code of criminal procedure 1973 (Act 2, 1974) and such sentence or order not having subsequently been reversed;
• Has under any law for the time being in force become ineligible to be a member of any local authority;
• Holds any salaried office or office of profit under the Panchayat;
• Has been found guilty of corrupt practices: Provided that on being found guilty of corrupt practices, the disqualification shall cease after six years of general election.
• If he has not paid all taxes due by him to the Municipality at the end of the financial year immediately preceding that in which the election is held;
• Has been willfully omits or refuses to perform his duties and functions or abuses the power vested in him or is found to be guilty of misconduct in the discharge of his duties or become physically or mentally incapacitated for performing his duties;
• If he has more than two living children : Provided that "a person having more than two children on or upto the expiry of one year of the commencement of the Act, shall not be deemed to be disqualified.”
• Has been absent from three consecutive meetings or sittings of the Municipality without having previously obtained permission form the councillors at a meeting.

Q(58). Who is the competent authority to decide issue of disqualification?

State Election Commission. If any question arises as to whether a councillor was before election or has become after election subject to any of the disqualifications mentioned in clause (1), the question shall be referred for the decision of State Election Commissioner. The matter of disqualification may be brought to the notice of State Election Commission in the form of a complaint, application or information by any person or authority. The State Election Commission may also take suo-motu cognizance of such matters and decide such matters expeditiously after allowing sufficient opportunity to the affected parties of being heard.

Q(59). If an elected member of Municipality is elected from other authority also, can he retain both the posts?

If a person, who is chosen as a member of Municipality is or becomes member of the Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, or is or becomes a member of a Sanitary Board, or a member of a Panchayat then within fifteen days from the date of commencement of the term of office of a member of Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, or a member of Sanitary Board or a member of other Municipality, his seat in the Municipality shall become vacant unless he has previously resigned his seat in the Lok Sabha, Rajya Sabha, State Legislative Assembly or State Legislative Council, Panchayats, Sanitary Board or of any such Municipality as the case may be.

Q(60). Is administration of oath necessary for an elected representative?

Yes. Immediately after election a ward councillor is required to make and subscribe before the prescribed authority an oath or affirmation and if such councillor declines or otherwise refuses to make and subscribe such oath or affirmation as aforesaid shall be deemed to have vacated his office forthwith. If such councillor fails to make and subscribe an oath/affirmation after election and within three months of the date on which his term of office commences, his seat on the expiry of the said period shall be deemed to have become vacant.

Q(61). Which is the relevant date for determining the age (18 years) of a voter?

Unless the State Election Commission prescribes otherwise, the qualifying date for determining the age of a voter would mean the first day of January of the year as has been prescribed as the reference date by the Election Commission of India for the Electoral Roll to State Assembly and Parliament under section 14(b) of R.P. Act, 1950.

Q(62). What’s the amount of nomination fee for contesting as a candidate for elections to Municipality? Is there any concession for a candidate belonging to SC, ST and Women?

The amount enumerated below is required to be deposited as nomination fee along with nomination paper for contesting various offices of Municipality:

For unreserved category candidates -

However, for candidates belonging to SC, ST, Backward Classes and Women, the rate is as follows:

Q(63). Is the nomination fee refundable after completion of election?

No; whether a candidate wins or loses, the nomination fee is not refunded.

Q(64). What is the permissible limit of expenditure that a candidate can incur in an election?

Rule 100 of the Bihar Municipal Election Rules, 2007 provides the following expenditure limits:

1. For Ward councillor of Nagar Panchayat – Rs. 10,000.00
2. For Ward councillor of Nagar Parishad – Rs. 20,000.00
3. For Ward councillor of Nagar Nigam: 
   (i) having population of 4,000~10,000 – Rs. 30,000.00
   (ii) having population of 10,001~20,000 – Rs. 40,000.00

Q(65). Is it mandatory for a contesting candidate to file account of his election expenses?

Yes; it is mandatory for every contesting candidate to file an account of his election expenses with the Returning Officer within the period of thirty days form the date of declaration of the result.

Q(66). Is there any punishment for violation of the permissible limit of expenditure or failure to lodge account of election expenses?

Yes; if a candidate exceeds the expenditure limit or has not kept a separate and correct account of all expenditure incurred or fails to lodge the account of election expenses within the prescribed period of thirty days, he may be disqualified by the State Election Commission for a period of three years from the date of its order.

Q(67). How many Municipalities are there in Bihar? How many Ward Councillors are elected to these institutions?

Q(68). How many polling booths were set up during the last general elections to the Urban Bodies in 2002 and 2007?

6,018 nos. of polling booths were set up during 2002 General Elections whereas 6,518 nos. were set up during 2006 General Elections.

Q(69). How are the Polling Stations assigned in Municipal election? Where are such Polling Stations located?

Normally one polling station is established in each ward. If number of voters in a ward exceed 1200, an additional polling station may be set up with permission of the Commission. The Polling Station is generally located in a public building within the ward. If there is no public building available in the ward, the polling station may be set up in a field or house subject to approval by the Commission.

Q(70). How and where is the counting done and results declared for election of ward councillors?

The District Magistrate selects the place of counting in Municipality/sub-division/District headquarter keeping in view administrative convenience with the approval of the State Election Commission. A Counting Centre is generally located in Government building including School building.

Polled boxes are brought from different wards of the Municipality to the counting centers and are kept in the strong room made for the purpose. On the date fixed for counting, polled Ballot papers are counted in presence of the candidates or their agents with the help of Counting Supervisors and Counting Assistants in the manner prescribed by the State Election Commission.

If polls are taken by EVM, the counting is done according to the procedure laid down by the State Election Commission.

Q(71).  What is the procedure for formal constitution of a Municipality? From which date is a Municipality deemed as formally constituted? What is its tenure?

Every Municipality is constituted of the elected members from each of its wards. A Municipality is deemed as formally constituted from the date of first meeting of the Municipality and its tenure is 5 years from the said date.

Q(72). Are elections to ULBs held on political party lines?

No. All elections to Urban Local Bodies are held on non-party basis.

Q(73). What’s an election petition? What’s the time limit for filing of such petition?

The election to any office of a Municipality may be called in question only by an election petition. The time limit for filing an election petition is 30 days from the date of publication of results.

Q(74). Where can the election petition be filed? What’s the amount of court fee for filing such petition?

GENERAL

Q(75). From which date the Model code of Conduct is made operational and when does it cease?

The Model Code of Conduct is made operational from the date of Notification of panchayat/municipality election programmes and ceases after declaration of result of election to respective Local Bodies.

Q(76). What are the instruments of identification of a voter by the presiding officer with respect to panchayat/municipality elections?

Any one of the following documents:

1. EPIC issued by Election Commission of India
2. Passport
3. Driving License
4. PAN Card
5. Service Identity Card issued by Central/State Govt./Local Bodies/Public Sector Undertaking
6. Bank/P.O. Pass Book
7. Student Identity Card/Library Card issued by recognized educational institutions.
8. SC/ST/Backward Classes cast certificate issued by competent authority.
9. Arms License
10. Property Documents
11. Railway Pass
12. Pension Payment Document/Any Pension Card
13. Disability Certificate
14. Freedom Fighter Identity Card
15. Red Ration Card/Yellow Ration/Green Ration Card/White Ration Card issued by Govt. of Bihar.

Q(77). Does the State Election Commission separately register political parties for the purpose of contesting elections to Rural and Urban Local Bodies?

In Panchayat/Urban Local Bodies Act, there is no provision for registering the political parties, because elections are held on non-party lines. Hence the State Election Commission does not register any Political Party for the purpose of contesting elections to Rural or Urban Local Bodies.