Law: Punjab Local Government Ordinance (VI of 1979)

Section: 13,12

Law: Election Rolls Act, 1974

Section: R.57

(a) Punjab Local Government Ordinance (VI of 1979)---S.13--Punjab Local Councils (Election) Rules, 1974, R.57 [as substituted by Notification No.SOV.2-4/79 dated 7-12-1987]--Election of representatives of peasants, workers and women--Mode of election of such representatives changed from secret ballot to that of raise of hands by substitution of R.57 of Election Rules- -Substituted Rule for election of representatives of peasants, workers and women not in conflict with provisions of S.13 of Punjab Local Government Ordinance. A fair reading of provisions of S.13, Local Government Ordinance, 1979, shows that its substantive clause lays down the mode of election of the members of the Local Councils to be directly elected and it provides that they shall be elected on the basis of adult franchise through secret ballot. The proviso, on the other hand, deals with the representatives of peasants, workers and women and it lays down that their electorate shall consist of the members of the Local Councils directly elected and that these representatives shall be elected in the prescribed manner that is to say in the manner prescribed by the Rules. Quite clearly, the Legislature by enacting the proviso left the mode of election of the representatives of peasants, workers and women to be provided and regulated by the rules. Rule-making authority has, therefore, competently framed/ amended rule 57 so as to provide in sub-rule (4) thereof that "The poll shall be held by raise of hands for each type of special interests." A proviso, it is generally accepted, is in the nature of an exception to the substantive provision to which it has been appended. (b) Interpretation of statutes-- ---Proviso to section, construction of-- A proviso to section, is in the nature of an exception to the substantive provision to which it has been appended. (c) Punjab Local Government Ordinance (VI of 1979)-- ---Ss.12 & 13--Punjab Local Councils (Election) Rules, 1979, R.60 [as amended by Notification No.SOV-2-4/79 dated 7-12-1987]--Election of Chairman and Vice- Chairman-- Mode of election of such office-bearers changed from secret ballot to that of raise of hands by amendment in R.60 of Election…

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