Chapter II Chapter II

Constitution of Autonomous Hill Development Councils

Constitution of Ladakh Autonomous Hill Development Council.--(1) There shall be an Autonomous Hill Development Council for each District as from such date as the Government may by notification in the Government Gazette, appoint in this behalf : Provided that different dates may be appointed for different Districts.

1. (2) Each Council shall be a body corporate by the name respectively of "the Ladakh Autonomous Hill Development Council of (name of the district)" and shall have perpetual succession and a common seal with power to acquire, hold and dispose of property subject to the provisions of the Transfer of Property Act, Samvat 1979 and the Alienation of Land Act, Samvat 1995 and to contract and may, by the said name sue and be sued

Amendment of section 22, Act XXXII of 1997.--In sub-section

1. (1) of section 22 of the principal Act, for the words "six months", the words "three months" shall be substituted.

Territorial constituencies.--(1) The Government shall, by notification in the Government Gazette, determine--

1. (a) the constituencies (which shall be single member constituencies) into which a Council area shall be divided for the purpose of election of members to the Council of that district ; and,
2. (b) the extent of each constituency.

1. (2) The Government may from time to time, by notification in the Government Gazette, alter or amend any notification issued under sub-section (1).

Amendment of section 45, Act XXXII of 1997.--In section 45 of the principal Act, for the words "Deputy Secretary", the words "Additional Secretary" shall be substituted.

Right to vote.--(1) Every person whose name is for the time being entered in the electoral roll of a constituency, shall be entitled to vote at the election of a member of the Council from that constituency.

1. (2) Every person shall give one vote and no more to any one candidate at an election.

Election to the Council.--(1) A general election subsequent to the first election shall be held for the purpose of constituting a new Council before the expiration of the term of office of the members as specified in section 14 or in the case of its earlier dissolution soon after such dissolution on such day or days within a period of six months as the Government may fix.

1. (2) For the purpose of holding a general election, the Government shall by one or more notifications published in the Government Gazette call upon all constituencies in the district to elect members in accordance with the provisions of this Act and the rules and orders made thereunder.

Date of elections.--The election of members of a Council shall be held in accordance with the rules made under section 60 (including the election to constitute the first Council) on the date or dates as the Government may by notification in the Government Gazette, direct :

Publication of results of elections Publication of results of elections.--Where an election is held for the purpose of constituting a new Council, there shall be notified by the Government in the Government Gazette, as soon as may be, after the results of the elections in all the constituencies, other than those in which polls could not be taken for any reason on the date originally fixed under section 8, the names of the members elected for those constituencies or those nominated under sub-section

1. (2) of section 4, and upon the issue of such notification the Council shall be deemed to be duly constituted.

Oath or affirmation by members.--Every member shall, before taking his seat, make and subscribe before such person as may be appointed by the Government in this behalf, an oath or affirmation according to the prescribed form.

Disputes regarding elections.--(1) No election shall be called in question except by an election petition presented in such manner as may be prescribed and before such authority as may be appointed by the Government, from time to time, by notification in the Government Gazette : Provided that no person below the rank of a District Judge shall be appointed for the purpose of this section

1. (2) No election shall be called in question except on any one or more of the following grounds, namely :--
   • (a) that on the date of the election the returned candidate was not qualified or was disqualified, to be chosen to fill the seat in the Council ;
   • (b) that a corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of the returned candidate or his election agent. Explanation.--For the purposes of this section, "corrupt practice" shall mean any of the corrupt practices specified in section 132 of the Jammu and Kashmir Representation of the People Act, 1957 :
   • (c) that any nomination has been improperly rejected ;
   • (d) that the result of the election in so far as it concerns the returned candidate has been materially affected--
     • (i) by the improper acceptance of any nomination, or
     • (ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than his election agent, or
     • (iii) by the improper reception, refusal or rejection of any vote, or
     • (iv) by the reception of any vote which is void, or
     • (v) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder.
2. (3) At the conclusion of the trial of an election petition, the authority appointed under sub-section
3. (1) shall make an order,--
   • (a) dismissing the election petition : or
   • (b) declaring the election of all or any of the returned candidates to be void : or
   • (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
4. (4) If a petitioner, in addition to calling in question the election of a returned candidate, makes a declaration that he himself or any other candidate has been duly elected and the authority under sub-section
5. (1) is of opinion that--
   • (a) in fact the petitioner or such other candidate has received the majority of valid votes, or
   • (b) but for the votes obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained the majority of the valid votes, the authority as aforesaid shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.

Procedure for election disputes.--The procedure provided in the Code of Civil Procedure, Samvat 1977 in regard to suits shall be followed by the authority appointed under section 12 as far as it can be made applicable in the trial and disposal of an election petition under this Act.

Term of office of the member.--Save as otherwise provided under section 19 the term of a member, elected or nominated shall be five years unless the Council is dissolved under section 52 and shall commence from the date appointed by the Government for the first meeting of the Council after a general election : Provided that the said period of five years may, if circumstances exists which in the opinion of the Government render the holding of election not practicable, be extended by the Government by a notification in the Government Gazette for a further period not exceeding one year.

Vacation of seats.--If a person who is already a member of the Council, is chosen a member of Parliament or State Legislature, his seat in the Council shall, on the date on which he takes oath as such, become vacant.

Qualification of members.--A person shall not be qualified to be a member of the Council unless he is an elector.

Disqualification of members.--A person shall not be qualified for being chosen as a member of the Council if--

1. (i) he is in the service of the Central or the State Government or in the service of any local authority or body corporate constituted by law;
2. (ii) he is less than 25 years of age;
3. (iii) he has been adjudged by a competent court to be of unsound mind, or he is an undischarged insolvent;
4. (iv) he has been convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more than six months; or for an offence mentioned in section 24 of the Jammu and Kashmir Representation of the People Act, 1957.

Casual vacancy in the Council.--(1) If the office of an elected or a nominated member becomes vacant by reason of his death, removal, resignation or otherwise, the vacancy so caused shall be filled by election or nomination, as the case may be, in accordance with the provisions of this Act.

1. (2) The term of office of a member elected or nominated to fill a casual vacancy shall commence from the date of notification of his election or nomination as the case may be and shall continue so long only as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.

Removal of members.--The Government may, after according an opportunity of being heard, by order remove from office any member who--

1. (i) is convicted by any court for an offence involving moral turpitude punishable with imprisonment for a period more than six months;
2. (ii) has been adjudged as an insolvent;
3. (iii) has become physically or mentally incapable of acting as a member;
4. (iv) has acquired such financial or other interests as is likely to affect prejudicially his functions as a member.

Appeal against the order of removal.--Any member who is removed from his office under section 19, may, within 45 days from the date of the order, appeal to such authority, not below the rank of a District Judge, as the Government may appoint in this behalf and thereupon the authority so appointed may stay the operation of the order till the disposal of the appeal and may, after giving notice of the appeal to such authority and after giving the appellant an opportunity of being heard, modify, set aside or confirm the order.

Allowances of members.--Every member shall be entitled to such allowances as the Council may, with the approval of the Government determine.