Chapter VIII. Conduct of Elections

105. Appointment of dates for nominations etc.— As soon as a notification for an election is issued, the State Election Commission shall, by notification in the Gazette, appoint-
(a) the last date for making nominations, which shall be the seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be the day immediately following the last day for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(c) the last day for the withdrawal of candidature, which shall be the second day after the dale for the scrutiny of nomination or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(d) the date or dates of which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the twentieth day after the last date for the withdrawal of candidature; and
(e) the date before which the election shall be completed.
106. Public notice of election.— On the issue of a notification under section 105, the Returning Officer shall give public notice of the intended election in such form and manner, as may be prescribed, inviting nominations of candidates for such election and specifying the place at which the nomination papers are to be delivered.
107. Nomination of candidates for election.— Any person may be nominated as a candidate for election to fill a seat if he is qualified to be chosen to fill that seat under the provisions of this Act:24A[Provided that a person nominated as a candidate for filling up a seat in a Municipality shall not be nominated as candidate in another ward of the same Municipality]
108. Presentation of nomination paper and requirements for a valid nomination.—
1. On or before the date appointed under clause (a) of section 105 each candidate shall, either in person or by his proposer, between the hours of eleven o'clock in the forenoon and three o'clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 106 a nomination paper completed in the prescribed form and signed by the candidate and by an elector of the ward as proposer. ***["(1A) Every candidate submitting nomination under sub-section (1) shall not be deemed to be qualified to be elected to fill that post unless he submits, along with such nomination, the details regarding his educational qualification, criminal cases in which he is involved at the time of submission of nominations, property owned by him and other members of his family, liabilities including arrears due from him to any Public Sector Undertaking or Government or Local Self Government Institutions and whether disqualified for defection under the Kerala Local Authorities (Prohibition of Defection) Act, 1999 in the form and manner as may be prescribed".]
(2) In a ward where the seat is reserved for the Scheduled Castes or the Scheduled Tribes a candidate shall not be deemed to be qualified to be chosen to fill that seat unless his nomination paper contains a declaration by him specifying the particular caste or tribe of which he is a member.
24. Section 104A inserted by Act 14 of 1999, w.e.f. 24-3-1999.
24A.Proviso added by Act 8 of 1995, w.e.f. 5-8-1995.
*** Section 1A inserted by Seventh Amendment Act 37 of 2005, w.e.f 24-08-2005
(3) Where the candidate is a person who, having held any office referred to in section 86 has been dismissed or removed and a period of five years has not elapsed since the dismissal or removal, such person shall not be deemed to be duly nominated as a candidate unless his nomination paper is accompanied by a certificate issued in the prescribed manner by the State Election Commission to the effect that he has not been dismissed or removed for corruption or disloyalty.
(4) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and electoral roll numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the electoral roll:
Provided that no misnomer or inaccurate description or clerical, technical or printing error is regarded to the name of the candidate or his proposer or any other person or in regard to any place, mentioned in the electoral roll or the nomination paper and no clerical, technical or printing error in regard to the electoral roll numbers of any such person in the electoral roll or the nomination paper, shall affect the full operation of the electoral roll or the nomination paper with respect to such person or place in any case where the description in regard to the name of the person or place is such as to be commonly understood: and the Returning Officer shall permit any such misnomer or inaccurate
description or clerical, technical or printing error to be corrected and were necessary, direct that any  such misnomer, inaccurate description, clerical, technical or printing error in the electoral roll or in the nomination paper shall be overlooked.
(5) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper:
Provided that not more than three nomination papers shall be presented by or on behalf of any candidate or accepted by the Returning Officer.
109. Deposits.— (1) A candidate shall not be deemed to be duly nominated for election from a ward in a Municipality unless he deposits or causes to be deposited such sum as may be prescribed: Provided that in the case of candidates belonging to the Scheduled Castes or the
Scheduled Tribes, the amount of deposit shall be fifty percent of the amount prescribed:Provided further that where a candidate has been nominated by more than one nomination paper,not more than one deposit shall be required of him under this sub-section.
(2) Any sum required to be deposited under sub-section (1) shall not be deemed to have been deposited under that sub-section unless, at the time of delivery of the nomination paper under sub-section (1) of section 108 the candidate has either deposited or caused to be deposited that sum with the Returning Officer in cash or enclosed with the nomination paper a receipt showing that the said sum has been deposited by him or on his behalf in the office of such authority as may be notified by the Government.
110. Notice of nominations and the time and place for their scrutiny.— The Returning Officer shall, on receiving the nomination paper under sub-section (1) of section 108 inform the person or persons delivering the same, of the date, time and place fixed for the scrutiny of
nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on which and the hour at which the nomination paper has been delivered to him; and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in
the nomination paper, both of the candidate and for the proposer.
111. Scrutiny of nominations.— (1) On the date fixed for the scrutiny of nominations under section 105 the candidates, their election agents, one proposer of each candidate and one other person duly authorised in writing by each candidate, but no other person, may attend at
such time and place as the Returning Officer may appoint and the Returning Officer shall give them all reasonable facilities for examining the nomination papers of all candidates which have been delivered within the time and the manner laid down in section 108.
(2) The Returning Officer shall then examine the nomination papers and shall decide all objections which may be made to any nomination and may, either on such objection or on his own motion, after such summary inquiry if any, as he thinks necessary, reject any nomination
on any of the following grounds, namely:-
(a) that on the date fixed for the scrutiny of nominations, the candidate is either not qualified or is disqualified for being chosen to fill the seat under any of the provisions of this Act;
(b) that there has been failure to comply with any of the provisions of section 108 or section 109; or
(c) that the signature of the candidate or the proposer on the nomination paper is n o t genuine.
(3) Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed to authorise the rejection of the nomination of any candidate on the ground of any irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another
nomination paper in respect of which no irregularity has been committed.
(4) The Returning Officer shall not reject any nomination paper on the ground of any defect which is not of a substantial character.
(5) The Returning Officer shall hold the scrutiny on the date appointed in this behalf under clause (b) of section 105 and shall not allow any adjournment of the proceedings except when such proceedings are interrupted or obstructed by riot or open violence or by causes beyond his control: Provided that in case an objection is raised by the Returning Officer or is made by any other person, the candidate concerned may be allowed time to rebut it not later than the next day but one following the date fixed for scrutiny, and the Returning Officer shall record his decision on the date to which the proceedings have been adjourned.
(6) The Returning Officer shall endorse on each nomination paper his decision accepting or rejecting the same and, if the nomination paper is rejected, shall record in writing a brief statement of his reasons for such rejection.
(7) For the purpose of this section, a certified copy of an entry in the electoral roll for the time being in force for a ward shall be conclusive evidence of the fact that the person referred to in that entry is an elector in that ward, unless it is proved that he is subject to a
disqualification mentioned in section 74.
(8) Immediately after all the nomination papers have been scrutinised and decisions accepting or rejecting the same have been recorded, the Returning Officer shall prepare a list of candidates whose nominations have been found valid and affix it to his notice board.
112. Withdrawal of candidature.—

(1) Any candidate may withdraw his candidature by a notice in writing which shall contain such particulars as may be prescribed and shall be subscribed by him and delivered before three O'clock in the afternoon on the day fixed under clause (c) of section 105 to the Returning Officer either by such candidate in person or by his proposer, of election agent who has been authorised in this behalf in writing by such candidate.
(2) No person who has given a notice of withdrawal of his candidature under sub section (1) shall be allowed to cancel the notice.
(3) The Returning Officer shall, on being satisfied as to the genuineness of a notice of withdrawal and the identity of the person delivering it under sub-section (1), cause the notice to be affixed in some conspicuous place in his office and in the office of the Municipality
concerned,
113. Publication of list of contesting candidates.—

(1) Immediately after the expiry of the period within which candidature may be withdrawn under sub-section (1) of section 112 the Returning Officer shall prepare and publish in such form and manner as may be prescribed a list of contesting candidates.
(2) The said list shall contain the names in Malayalam alphabetical order and the addresses of the contesting candidates as given in the nomination papers together with such other particulars, as may be prescribed.
114. Election agents.— A candidate at an election may appoint in the prescribed manner a person to be his election agent and when any such appointment is made, notice of the appointment shall be given in the prescribed manner, to the Returning Officer.
115. Disqualification for being an election agent.— A person who is for the time being disqualified under this Act for being a Councillor shall be disqualified for being an election agent at any election.
116. Revocation of the appointment, or death of an election agent.—  (1) Any revocation of the appointment of an election agent, shall be signed by the candidate, and shall operate from the date on which it is lodged with the Returning Officer.
(2) In the event of such a revocation or of the death of an election agent, whether that event occurs before or during the election, or after the election but before the account of the candidate's election expenses has been lodged in accordance with the provisions of section 142 the candidate may appoint in the prescribed manner another person to be his election agent and when such appointment is made notice of the appointment shall be given in the prescribed manner to the Returning Officer.
117. Functions of election agents.— An election agent may perform such functions in connection with the election as are authorised by or under this Act to be performed by an election agent.
118. Appointment of polling agents.— A contesting candidate or his election agent may appoint, in the prescribed manner, such number of agents and relief agents, as may be prescribed, to act as polling agents of such candidate at each polling station provided under section 101.
119. Appointment of counting agents.— A contesting candidate or his election agent  may appoint, in the prescribed manner one or more persons, but not exceeding such number, as may be prescribed, to be present as his counting agent or agents at the counting of votes, and
when any such appointment is made, notice of the appointment shall be given in the prescribed manner to the Returning Officer.
120. Revocation of the appointment or death, of a polling agent or counting agent.— (1) Any revocation of the appointment of a polling agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with such
officer as may be prescribed, and in the event of such a revocation or of the death of a polling agent before the close of the poll, the candidate or his election agent may appoint, in the prescribed manner another polling agent at any time before the poll is closed and shall forthwith give notice of such appointment, in the prescribed manner, to such officer as may be prescribed.
(2) Any revocation of the appointment of the counting agent shall be signed by the candidate or his election agent and shall operate from the date on which it is lodged with the Returning Officer, and in the event of such a revocation or of the death of a counting agent before
the commencement of counting of votes, the candidate or his election agent may appoint, in the prescribed manner another counting agent at any time before the counting of votes is commenced and shall forthwith give notice of such appointment, in the prescribed manner, to the Returning Officer.
121. Functions of polling agents and counting agents.—

(1) A polling agent may perform such functions in connection with the poll as are authorised by or under this Act, to be performed by a polling agent.
(2) A counting agent may perform such functions in connection with the counting of votes as are authorised by or under this Act to be performed by a counting agent.
122. Attendance of a contesting candidate or his election agent at polling stations, and performance by him of the functions of a polling agent or counting agent.—

(1) At every election where a poll is taken, each contesting candidate at such election and his election agent shall have a right to be present at any polling station provided under section 101 for the taking of the poll.
(2) A contesting candidate or his election agent may himself do any act or thing which any polling agent or the counting agent of such contesting candidate, if appointed, would have been authorised by or under this Act to do, or may assist any polling agent or the counting agent of such contesting candidate in doing any such act or thing.
123. Non-attendance of polling or counting agents.— Where any act or thing is required or authorised by or under this Act to be done in the presence of the polling or counting agents, the non-attendance of any such agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.
124. Death of candidate before poll.— Where a candidate whose nomination has been found valid on scrutiny under section 111 and who has not withdrawn his candidature under section 112 dies and a report of his death is received before the publication of the list of contesting candidates under section 113 or where a contesting candidate dies and a report of his death is received before the commencement of the poll, the Returning Officer shall, upon being satisfied of the fact of the death of the candidate, countermand the poll and report the fact to the State Election Commission and also to the Government and all proceeding with reference to the election shall be commenced anew in all respects as if for a new election:
Provided that no further nomination shall be necessary in the case of a person who was a contesting candidate at the time of the countermanding of the poll:
Provided further that no person who has given a notice of withdrawal of his candidature under sub-section (1) of section 112 before the countermanding of the poll shall be24B [ineligible] for being nominated as a candidate for the election after such countermanding.

125. Procedure in. contested and uncontested elections.—

(1) Where the number of contesting candidates for a ward is more than one, a poll shall be taken.
(2) Where there is only one candidate for a ward, the Returning Officer shall declare him to be duly elected.
(3) Where there is no candidate, election proceedings shall be started afresh for filling up the vacancy in all respects as if for a new election.
126. Fixing time for poll.— The State Election Commission shall fix the hours during which the poll will be taken; and the hours so fixed shall be published in such manner, as may be prescribed:
Provided that the total period allotted on any one day for polling at an election in a ward shall not be less than eight hours between 7 a.m. and 5 p.m .
127. Adjournment of poll in emergencies.— (1) If at an election the proceedings at any polling station provided under section 101 for the poll are interrupted or obstructed by any riot or open violence, or if at an election it is not possible to take the poll at any polling station on account of any natural calamity, or any other sufficient cause, the Presiding Officer for such     polling station or the Returning Officer presiding over such place, as the case may be, shall announce an adjournment of the poll to a date to be notified later, and were the poll is so adjourned by a Presiding Officer, he shall forthwith inform the Returning Officer concerned.
(2) Whenever a poll is adjourned under sub-section (1), the Returning Officer, shall immediately report the circumstances to the State Election Commission, and shall, as soon as may be, with the previous approval of the State Election Commission, appoint the day on which the poll shall recommence, and fix the polling station or place at which, and hours during which the poll will be taken, and shall not count the votes cast at such election until such adjourned poll shall have been completed.
(3) In every such case as aforesaid, the Returning Officer shall notify in such manner as the State Election Commission may direct the date, place and hours of polling fixed under sub-section (2).
128. Fresh poll in the case of destruction, etc., of ballot boxes.— ( 1 ) If at any election-fa) any ballot boxes used at a polling station or at a place fixed for the polls is unlawfully taken out of the custody of the Presiding Officer or the Returning Officer, or is accidentally or intentionally destroyed or lost, or is damaged or tampered with, to such an extent, that the result of the poll at that polling station or place cannot be ascertained; or
(b) any such error or irregularity in procedure as is likely to vitiate the poll is committed at a polling station or at a place fixed for the poll, the Returning Officer shall forthwith report the matter to the State Election Commission.
(2) Thereupon the State Election Commission shall, after taking all material circumstances into account; either-
(a) declare the poll at that polling station or place to be void, appoint a day, and fix the hours; for taking a fresh poll at that polling station or place and notify the day so appointed and the hours so fixed in such manner as it may deem fit; or
(b) if satisfied that the result of a fresh poll at that polling station or place will not, in any way, affect the result of the election or that the error or irregularity **["or the mechanical failure developed in the voting machine"] in procedure is not material, issue such directions to the Returning Officer as it may deem proper for the further conduct of and completion of the election.
(3) The provisions of this Act and of any rules or orders made there under shall apply to every such fresh poll as they apply to the original poll.
129. Adjournment of poll or countermanding of election on the ground of boothcapturing.—
(1) If at any election-
(a) booth-capturing has taken place at a polling station or at a place fixed for the poll (hereafter in this section referred to as a place) in such a manner that the result of the poll at that polling station or place cannot be ascertained; or 24B.Inserted by Act 8 of 1995, w.e.f. 5-8-1995.