Chapter IV ELECTION

1[wards] , etc.- (1) For purposes of election of councillors Government shall

2[on the recommendation of delimitation commission] by notification, determine,-

1. (a) the 1[wards] into which the city shall be divided and the extent of each division; 2[Provided that, in respect of Bruhat Bengaluru Mahanagara Palike the State Government shall, by notification, divide the city into wards in such manner that area of wards, as far as possible, shall be within the jurisdiction of an Assembly constituency of the State Legislature and no ward shall be divided between Assembly Constituencies of the State Legislature]
2. (b) the number of seats 1[alloted to each ward which shall be one] ;
3. (c) the number of seats reserved for the Scheduled Castes, the Scheduled Tribes, 1[Backward Classes and women] and the 1[wards] in which such seats shall be reserved. 1[(1A) No notification under sub-section (1) shall be called in question in any court of law;]

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

² Inserted by Act 17 of 2020 w.e.f. 03.10.2020.

¹ Inserted by Act 13 of 1983 w.e.f.24.2.1983.

1. (2) The ratio between the number of councillors to be elected from each 1[ward] and the population of that 1[ward] 1 2 [x x x] shall so far as practicable be the same throughout the city. 1[Proviso x x x]

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

² Omitted by Act 35 of 1994 w.e.f.1.6.1994.

¹ Omitted by Act 35 of 1994 w.e.f.1.6.1994.

1[(2A) the State Government shall, constitute a delimitation

¹ Inserted by Act 17 of 2020 w.e.f. 03.10.2020.

commission consisting of such number of members, as may be prescribed to recommend the State Government, the manner of delimitation of wards in each corporation.]

1. (3) The State Government may make rules for the purposes of sub- sections (1) and (2).

1[electoral roll]

referred to in section 23 shall, unless disqualified under any law for the time being in force, be qualified to vote at the election of a councilor for the division

2[x x x] to which such

1[roll pertains] :

¹ Substituted by Act 2 of 1990 w.e.f.6.1.1990.

² Omitted by Act 24 of 1978 w.e.f.29.9.1978.

2[Proviso x x x]

The electoral roll of the corporation shall be prepared subject to the superintendence, direction and control of the State Election Commission:

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

Provided that the electoral roll of the Karnataka Legislative Assembly for the time being in force for such part of the city as is included in any ward may be adopted for the purpose of preparation of electoral roll of the Corporation for such ward: Provided further that the electoral roll for such ward of the corporation shall not include any amendment, transposition, inclusion or deletion of entry made after the last date for making nomination for the election to such ward and before completion of such election.] 24.

1[State Election Commission] to fix date of elections.-

2[(1) The

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

date or dates of elections to constitute a corporation and to fill the casual vacancy shall be fixed by the State Election Commission in consultation with the Government: Provided that no election shall be held to fill a casual vacancy occurring within four months before the ordinary date of retirement of the councillor and that such vacancy shall be filled at the next ordinary election.]

2. Sub-section (1) substituted for Sub-sections (1) and (2) by Act 35 of 1994 w.e.f.1.6.1994.

1. (3) A councillor elected at a casual election shall enter upon office forthwith but shall hold office so long only as the councillor in whose place he is elected would have held if the vacancy had not occurred.

1[(1) No person shall be qualified for election as a councillor unless his name is included in the electoral roll of any

2[ward] of the city and in respect of any seats reserved for the Scheduled Castes or the

2[Scheduled Tribes, Backward Classes or Women] such person is a member of any such

2[Caste, Tribe or Classes]

¹ Substituted by Act 24 of 1978 w.e.f 29.9.1978.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

or is a woman as the case may be.]

1. (2) No 1[ 2[x x x] person who is] disqualified from being a member of the State Legislature, no servant of the corporation and no whole time servant of the State Government or Central Government shall be qualified for election or for holding office as a councillor.

¹ Substituted by Act 24 of 1978 w.e.f 29.9.1978.

² Omitted by Act 35 of 1994 w.e.f.1.6.1994.

(1) A person shall be disqualified for being chosen as and for being a councillor,- (a) if he has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months, provided that (1) the offence is one which involves moral turpitude and (2) such sentence has not been reversed or quashed or the offence not pardoned; or (b) if he is convicted of an offence under the provisions of the Untouchability offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954); (c) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule to the Constitution of India, or under any local or other authority subject to the control of any of the said Governments other than such offices as are declared by rules made under this Act not to disqualify the holder; or (d) if he has been dismissed from service under a local authority or from Government service; or (e) if, having been a legal practitioner, he has been dismissed or suspended from practice by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or (f) if he is a deaf, mute; or (g) is he is of unsound mind and stands so declared by a competent court; or (h) if he is an undischarged insolvent; or (i) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or 1[(j) if he is so disqualified by any law for the time being in force for the 1. Substituted by Act 35 of 1994 w.e.f.1.6.1994. purposes of election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than twenty five years if he has attained the age of twenty one years.] (k) if, save as hereinafter provided, he has, directly or indirectly, by himself or his partner, any share or interest in any work done by order of the Corporation, or in any contract or employment with or under, or by or on behalf of the Corporation; or (l) if he is employed as paid legal practitioner on behalf of the Corporation or accepts employment as legal practitioner against the Corporation; or (m) if he is a licensed suryor or plumber of water supply contract of the corporation or is a partner of a firm of which any such licensed person is a partner; or (n) if he fails to pay arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him; or (o) if he has in proceedings questioning the validity or regularity of an election been found to have been guilty of,- (i) any corrupt practice, or (ii) any offence punishable under section 171E or section 171F of the Indian Penal Code, or any offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act,unless a period of six years has elapsed since the date of the finding or the disqualification has been removed by order by the Government: Provided that,- (a) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of receiving,- (i) any pension, or (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor; (b) the disqualification in clauses (a) and (d) shall cease to operate after the expiry of four years from the date of such sentence, dismissal or removal or earlier by an order of the Government; (c) a person shall not be deemed to have incurred disqualification under clause (k) by reason of his,- (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or (ii) having a share or interest in any joint stock company otherwise than as managing director or agent or in any literary association registered under the Societies Registration Act or in any co-operative society which shall contract with or be employed by or on behalf of the Corporation, or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Corporation may be inserted, or (iv) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Corporation, or (v) having a share or interest in the occasional sale of any article in which he regularly trades, to the Corporation to a value not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed, or (vi) having a share or interest in the occasional letting out on hire to the Corporation or in the hiring from the Corporation, of any article for an amount not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed. 1[(1A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.] 1[(1B) A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 26C. Provided that the disqualification under this sub-section shall cease to operate after the expiry of three years from the date of the order made under section 26C] at the end of the Act. 1. Inserted by Act 20 of 1987 w.e.f.29.12.1986. 1. Inserted by Act 39 of 2003 w.e.f 16.1.2004 by notification. Text of the notification is (2) If any councillor during the term for which he has been elected,- (a)becomes subject to any disqualification specified in sub-section (1), or (b)votes or takes part as a councillor in the discussions of any matter,- (i) in which he has, directly, or indirectly, by himself or his partner, any such share or interest as is described in sub-clause (i), (ii), (iii) or (v) of clause (c) of the provisio to sub-section (1) whatever may be the value of such share or interest, or (ii) in which he is professionally interested on behalf of a principal or other person, or (iii) in which he is engaged at the time in any proceeding against the Corporation; or (c) absents himself from the meetings of the Corporation during three consecutive months except with the leave of the Corporation: Provided that no such leave shall be granted in case of absence from the meetings of the Corporation during a period exceeding six consecutive months: Provided further that when an application is made by a councillor to the Corporation for leave to absent himself and the corporation fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the Corporation, the 1[Regional Commissioner] may, either suo motu or on a report made to him, after such enquiry as he deems fit, by order, 1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007 decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within thirty days from the date of receipt of the report or where action is taken suo motu, within thirty days from the initiation thereof. (3) Any person aggrieved by the decision of the 1[Regional Commissioner] under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government and the orders passed 1. Substituted by Act 17 of 2007 w.e.f. 5.1.2007. by the Government on such appeal shall be final: Provided that no order shall be passed under sub-sections (2) and (3) against any councillor without giving him a reasonable opportunity of being heard.

1. (a) if he has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term exceeding six months, provided that (1) the offence is one which involves moral

turpitude and (2) such sentence has not been reversed or quashed or the offence not pardoned; or

1. (b) if he is convicted of an offence under the provisions of the Untouchability offences Act, 1955 (Central Act 22 of 1955) or the Prevention of Food Adulteration Act, 1954 (Central Act 37 of 1954);
2. (c) if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule to the Constitution of India, or under any local or other authority subject to the control of any of the said Governments other than such offices as are declared by rules made under this Act not to disqualify the holder; or
3. (d) if he has been dismissed from service under a local authority or from Government service; or
4. (e) if, having been a legal practitioner, he has been dismissed or suspended from practice by order of a competent authority, the disqualification in the latter case being operative during the period of such suspension; or
5. (f) if he is a deaf, mute; or
6. (g) is he is of unsound mind and stands so declared by a competent court; or
7. (h) if he is an undischarged insolvent; or
   • (i) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; or

1[(j) if he is so disqualified by any law for the time being in force for the

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

purposes of election to the State Legislature: Provided that no person shall be disqualified on the ground that he is less than twenty five years if he has attained the age of twenty one years.]

1. (k) if, save as hereinafter provided, he has, directly or indirectly, by

himself or his partner, any share or interest in any work done by order of the

Corporation, or in any contract or employment with or under, or by or on behalf of the Corporation; or

1. (l) if he is employed as paid legal practitioner on behalf of the Corporation or accepts employment as legal practitioner against the Corporation; or
2. (m) if he is a licensed suryor or plumber of water supply contract of the corporation or is a partner of a firm of which any such licensed person is a partner; or
3. (n) if he fails to pay arrears of any kind due by him, otherwise than as an

agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him; or

1. (o) if he has in proceedings questioning the validity or regularity of an election been found to have been guilty of,-
   • (i) any corrupt practice, or
   • (ii) any offence punishable under section 171E or section 171F of the Indian Penal Code, or any offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act,unless a period of six years has elapsed since the date of the finding or the disqualification has been removed by order by the Government: Provided that,-
2. (a) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of receiving,-
   • (i) any pension, or
   • (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor;
3. (b) the disqualification in clauses (a) and (d) shall cease to operate after the expiry of four years from the date of such sentence, dismissal or removal or earlier by an order of the Government;
4. (c) a person shall not be deemed to have incurred disqualification under clause (k) by reason of his,-
   • (i) having any share or interest in any lease, sale or purchase of any immovable property or in any agreement for the same, or
   • (ii) having a share or interest in any joint stock company otherwise than as managing director or agent or in any literary association registered under the Societies Registration Act or in any co-operative society which shall contract with or be employed by or on behalf of the Corporation, or
   • (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the Corporation may be inserted, or
   • (iv) holding a debenture or being otherwise interested in any loan raised by or on behalf of the Corporation, or
   • (v) having a share or interest in the occasional sale of any article in

which he regularly trades, to the Corporation to a value not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed, or

1. (vi) having a share or interest in the occasional letting out on hire to the Corporation or in the hiring from the Corporation, of any article for an amount not exceeding in any official year fifty rupees or such higher amount not exceeding five hundred rupees as may be prescribed. 1[(1A) A person shall be disqualified for being a Councillor if he is so disqualified under the Karnataka Local Authorities (Prohibition of Defection) Act, 1987.] 1[(1B) A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 26C. Provided that the disqualification under this sub-section shall cease to operate after the expiry of three years from the date of the order made under section 26C] at the end of the Act.

¹ Inserted by Act 20 of 1987 w.e.f.29.12.1986.

¹ Inserted by Act 39 of 2003 w.e.f 16.1.2004 by notification. Text of the notification is

1. (2) If any councillor during the term for which he has been elected,- (a)becomes subject to any disqualification specified in sub-section (1), or (b)votes or takes part as a councillor in the discussions of any matter,-
   • (i) in which he has, directly, or indirectly, by himself or his partner, any such share or interest as is described in sub-clause (i), (ii), (iii) or (v) of clause
   • (c) of the provisio to sub-section (1) whatever may be the value of such share or interest, or
     • (ii) in which he is professionally interested on behalf of a principal or other person, or
     • (iii) in which he is engaged at the time in any proceeding against the Corporation; or
   • (c) absents himself from the meetings of the Corporation during three consecutive months except with the leave of the Corporation: Provided that no such leave shall be granted in case of absence from the meetings of the Corporation during a period exceeding six consecutive months: Provided further that when an application is made by a councillor to the Corporation for leave to absent himself and the corporation fails to inform the applicant of its decision on the application within a period of one month from the date of the application, the leave applied for shall be deemed to have been granted by the Corporation, the 1[Regional Commissioner] may, either suo

motu or on a report made to him, after such enquiry as he deems fit, by order,

¹ Substituted by Act 17 of 2007 w.e.f. 5.1.2007

decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within thirty days from the date of receipt of the report or where action is taken suo motu, within thirty days from the initiation thereof.

1. (3) Any person aggrieved by the decision of the 1[Regional Commissioner] under sub-section (2) may, within a period of thirty days from

the date of such decision, appeal to the Government and the orders passed

¹ Substituted by Act 17 of 2007 w.e.f. 5.1.2007.

by the Government on such appeal shall be final: Provided that no order shall be passed under sub-sections (2) and (3) against any councillor without giving him a reasonable opportunity of being heard.

Every candidate at an election under this Act shall either by himself or by his election agent keep a separate and correct account of all expenditure in connection with the election incurred or authorised by him or by his election agent between the date on which he has been nominated and the date of declaration of the result thereof, both dates inclusive.

1. (2) Any expenditure incurred or authorised in connection with the election of the candidate under this Act by a political party or by any other

association or body or persons or by any individual (other than the candidate or his election agent) shall not be deemed to be the expenditure in connection with the election incurred or authorised by the candidate or by his election agent for the purpose of sub-section (1).

Explanation 1: For the purpose of this sub-section “political party” shall have the same meaning as in the Election Symbols (Reservation and Allotment) Order, 1968 for the time being in force. Explanation 2: For the removal of doubts, it is hereby declared that any expenditure incurred in respect of any arrangement made, facilities provided or any other act or thing done by any person in the service of the Government or the service of the corporation in the discharge or purported discharge of his official duty for, or to, or in relation to, any candidate or his election agent or any other person acting with the consent of the candidate or his election agent (whether by reason of the office held by the candidate or for any other reason) shall not be deemed to be expenditure in connection with the election incurred or authorised by a candidate or by his election agent for the purpose of this section.

1. (3) The account shall contain such particulars as may be prescribed.
2. (4) The total of the said expenditure shall not exceed such amount as may be prescribed.

Every contesting candidate at the election under this Act shall, within thirty days from the date of election of the returned candidate or, if there are more than one returned candidate at the election and the dates of the election are different, the later of those two dates lodge with the Returning Officer appointed at an election under this Act, an account of his election expenses which shall be a true copy of the account kept by him or by his election agent under section 26A.

Election Commission is satisfied that any person,-

1. (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and
2. (b) has no good reason or justification for the failure; The State Election Commission shall by order published in the official Gazette declare him to be disqualified and any such person shall be disqualified for a period of three years from the date of the order.]

1.Sections 26A to 26C inserted by Act 39 of 2003 w.e.f 16.1.2004.

Corrupt practices entailing disqualification.- The Corrupt practices specified in section 39 shall entail disqualification for being a councillor for a period of six years counting from the date on which the finding of the court as to such practice takes effect under this Act.

If any person,-

1. (a) is convicted of an offence punishable with imprisonment under section 171E or section 171F of the Indian Penal Code (Central Act 45 of 1860) or an offence punishable under section 40 or section 52 or clause (a) of sub-section (2) of section 53 of this Act; or
2. (b) is upon the trial of an election petition under this Act found guilty of any corrupt practice,

he shall for a period of six years from the date of conviction or from the date on which such finding takes effect be disqualified for voting at an election.

Any person who is for the time being disqualified under section 26, 27 or 28 for being a councillor or for voting at elections, shall, so long as the disqualification subsists, also be disqualified for being an election agent at an election.

If there is equality of votes between two or more candidates, the

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

1[Returning Officer appointed by or on behalf of the State Election Commission] shall decide by drawing lots which candidate shall be deemed to have been elected.

(1) If a person is elected for more than one division, he shall, within three days from the date of the last of such elections, by notice in writing signed by him and delivered to the Commissioner intimate the division from which he chooses to serve and the choice shall be final.

1. (2) If the candidate does not make the choice referred to in sub-section (1), the Commissioner shall determine by lot and notify the division from which such candidate shall serve.
2. (3) The said person shall be deemed to have been elected only for the seat from the division so chosen or notified, as the case may be, and the vacancies thereby arising in respect of the other seat or seats shall be filled by fresh election.

All elections of the Mayor and the Deputy Mayor and all elections of councillors shall be notified by

Election petition.- (1) No election of a councillor shall be called in question except by an election petition presented for adjudication to the District Court having jurisdiction, within thirty days from the date of the publication of the result of election under section 32.

1. (2) An election petition may be presented on one or more of the grounds specified in section 35,-
   • (a) by any candidate at such election; or
   • (b) by any voter of the 1[ward] concerned.
2. (3) A petitioner shall join as respondents to his petition all the candidates at the election.
3. (4) An election petition,-
   • (a) shall contain a concise statement of the material facts on which the petitioner relies;
   • (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and
   • (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) for the verification of pleadings.
4. (5) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of presentation of the election petition under sub-section (1): Provided that where the petitioner alleges any corrupt practice the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
5. (6) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

(1) Subject to the provisions of sub-section (2), if the court is of opinion,-

1. (a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councillor under this Act, or
2. (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent, or
3. (c) that any nomination has been improperly rejected, or
4. (d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected,-
   • (i) by the improper acceptance of any nomination; or
   • (ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent; or
   • (iv) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
   • (iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder, the court shall declare the election of the returned candidate to be void.

1. (2) If in the opinion of the court, a returned candidate has been guilty, by a person other than his election agent, of any corrupt practice, but the court is satisfied,-
   • (a) that no such corrupt practice was committed at the election by the candidate or his election agent and every such corrupt practice was committed contrary to the orders and without the consent of the candidate or his election agent;
   • (b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and
   • (c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents,
     • • then the court may decide that the election of the returned candidate is not void.

The procedure provided in the Code of Civil Procedure, 1908, in regard to suits shall be followed by the court as far as it can be made applicable, in the trail and disposal of an election petition under this Act.

(1) At the conclusion of the trail of an election petition, the court shall make an order,-

1. (a) dismissing the election petition; or
2. (b) declaring the election of all or any of the returned candidates to be void; or
3. (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.

1. (2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the court is of opinion,-
   • (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or
   • (b) that but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a majority of the valid votes,
     • • the court 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.

1. (3) If during the trail of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

An appeal shall lie to the High Court from an order of the District Court under section 37 within a period of thirty days from the date of the order of the court excluding the time required for obtaining a copy of the order: Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days if it is satisfied that the appellant had sufficient cause for not preferring the appeal within the said period.

The following shall be deemed to be corrupt practices for the purposes of this Act, namely:- (1) 'bribery' as defined in clause (1) of section 123 of the Representation of the Peoples Act, 1951 (Central Act 43 of 1951) for the time being in force; (2) 'under influence' as defined in clause (2) of the said section for the time being in force; (3) the appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate; (4) the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate; (5) the publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election; (6) the hiring or procuring whether on payment or otherwise of any vehicle by a candidate or his agent or by any other person with the consent of a candidate or his election agent for the conveyance of any voter (other than the candidate himself and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act: Provided that the hiring of a vehicle by an elector or by several electors at their joint cost for the purpose of conveying him or them to and from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle so hired is a vehicle not propelled by mechanical power: Provided further that the use of any public transport vehicle or any railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause. Explanation.- In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicle or otherwise; (7) the holding of any meeting in which intoxicating liquors are served; (8) the obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government or the service of the corporation; (9) any other practice which the Government may by rules specify to be a corrupt practice. Explanation.- (a) In this section, the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate. (b) For the purposes of clause (8), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent, or a polling agent or a counting agent of that candidate.

1. (1) 'bribery' as defined in clause (1) of section 123 of the Representation of the Peoples Act, 1951 (Central Act 43 of 1951) for the time being in force;
2. (2) 'under influence' as defined in clause (2) of the said section for the time being in force;
3. (3) the appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;
4. (4) the promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate;
5. (5) the publication by a candidate or his agent or by any other person

with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate, or in relation to the candidature or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate's election;

1. (6) the hiring or procuring whether on payment or otherwise of any vehicle by a candidate or his agent or by any other person with the consent of

a candidate or his election agent for the conveyance of any voter (other than the candidate himself and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act: Provided that the hiring of a vehicle by an elector or by several electors at their joint cost for the purpose of conveying him or them to and from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle so hired is a vehicle not propelled by mechanical power: Provided further that the use of any public transport vehicle or any railway carriage by any voter at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause. Explanation.- In this clause, the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport, whether propelled by mechanical power or otherwise and whether used for drawing other vehicle or otherwise;

1. (7) the holding of any meeting in which intoxicating liquors are served;
2. (8) the obtaining or procuring or abetting or attempting to obtain or procure by a candidate or his agent or, by any other person with the consent of a candidate or his election agent, any assistance (other than the giving of vote) for the furtherance of the prospects of that candidate's election, from any person in the service of the Government or the service of the corporation;
3. (9) any other practice which the Government may by rules specify to be a corrupt practice. Explanation.- (a) In this section, the expression "agent" includes an election agent, a polling agent and any person who is held to have acted as an agent in connection with the election with the consent of the candidate.
   • (b) For the purposes of clause (8), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent, or a polling agent or a counting agent of that candidate.

Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred between different classes of the citizens of India shall, on conviction, be punished with imprisonment for a term which may extend to three years, or with fine, or with both.

1[two days before]

preceding the election day and on the election day.- (1) No person shall convene, hold or attend any public meeting within any

2[ward] within

1[forty-eight hours]

before the date of commencement of the poll or on the date or dates on which a poll is taken for an election in that

¹ Substituted by Act 9 of 2001 w.e.f 9.1.2001.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

2[ward] .

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(1) Any person who at a public meeting to which this section applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

1. (2) This section applies to any public meeting in connection with corporation elections held in any 1[ward]

between the date of the issue of a

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

notification fixing the date of the poll to elect a councillor or councillors and the date on which the election is held.

1. (3) If any police officer reasonably suspects any person of committing an offence under sub-section (1), he may, if requested so to do by the chairman of the meeting, require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or if the police officer reasonably suspects him of giving a false name or address, the police officer may arrest him without warrant.

(1) No person shall print or publish or cause to be printed or published, any election pamphlet or poster which does not bear on its face the names and addresses of the printer and the publisher thereof. (2) No person shall print or cause to be printed any election pamphlet or poster unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate. (3) For the purposes of this section,- (a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression 'printer' shall be construed accordingly; and (b) 'election pamphlet or poster' means any printed pamphlet, hand-bill or other document distributed for the purposes of promoting or prejudicing the election of a candidate or group of candidates under this Act or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall, on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

1. (2) No person shall print or cause to be printed any election pamphlet or poster unless a declaration as to the identity of the publisher thereof, signed by him and attested by two persons to whom he is personally known, is delivered by him to the printer in duplicate.
2. (3) For the purposes of this section,-
   • (a) any process for multiplying copies of a document other than copying it by hand, shall be deemed to be printing and the expression 'printer' shall be construed accordingly; and
   • (b) 'election pamphlet or poster' means any printed pamphlet, hand-bill or other document distributed for the purposes of promoting or prejudicing the election of a candidate or group of candidates under this Act or any placard or poster having reference to an election, but does not include any hand-bill, placard or poster merely announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.
3. (4) Any person who contravenes any of the provisions of sub-section (1) or sub-section (2) shall, on conviction be punished with imprisonment for a term which may extend to six months, or with fine which may extend to two thousand rupees, or with both.

(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election under this Act shall maintain and aid in maintaining, the secrecy of the voting and shall not, except for some purpose authorised by or under any law, communicate to any person any information calculate to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. 45. 1[XXX] 1. Omitted by Act 60 of 2013 w.e.f.7.9.2013.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both. 45. 1[XXX]

¹ Omitted by Act 60 of 2013 w.e.f.7.9.2013.

(1) No person shall, on the date or dates on which a poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred meters of the polling station, namely:- (a) canvassing for votes; or (b) soliciting the vote of any voter; or (c)persuading any voter not to vote for any particular candidate; or (d) persuading any voter not to vote at election; or (e) exhibiting any notice or sign (other than an official notice) relating to the election. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable.

1. (a) canvassing for votes; or
2. (b) soliciting the vote of any voter; or (c)persuading any voter not to vote for any particular candidate; or
3. (d) persuading any voter not to vote at election; or
4. (e) exhibiting any notice or sign (other than an official notice) relating to the election.

1. (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.
2. (3) An offence punishable under this section shall be cognizable.

No person shall, on the date or dates on which a poll is taken at any polling station,-

1. (a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loudspeaker; or
2. (b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof, so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officers and other person on duty at the polling station.

1. (2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which any extend to three months, or with fine, or with both.
2. (3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person and thereupon the police officer shall arrest him.
3. (4) Any police officer may make such steps and use such force as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.

(1) Any person who, during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station. (3) If any person who has been so removed from a polling station re- enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both. (4) An offence punishable under sub-section (3) shall be cognizable.

1. (2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
2. (3) If any person who has been so removed from a polling station re- enters the polling station without the permission of the presiding officer, he shall, on conviction, be punished with imprisonment for a term which may extend to three months, or with fine, or with both.
3. (4) An offence punishable under sub-section (3) shall be cognizable.

If any person is guilty of any such corrupt practice as is specified in clause (6) of section 39 at or in connection with an election he shall, on conviction, be punished with fine which may extend to two hundred and fifty rupees.

(1) If any person to whom this section applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall, on conviction, be punished with fine which may extend to five hundred rupees. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid. (3) The persons to whom this section applies are the returning officer, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election; and the expression "official duty" shall, for the purpose of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Act in connection with such election.

1. (2) No suit or other legal proceedings shall lie against any such person for damages in respect of any such act or omission as aforesaid.
2. (3) The persons to whom this section applies are the returning officer, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the receipt of nominations or withdrawal of candidature, or the recording or counting of votes at an election; and the expression "official duty" shall, for the purpose of this section, be construed accordingly, but shall not include duties imposed otherwise than by or under this Act in connection with such election.

Notwithstanding anything contained in this Act or any other law for the time being in force, the returning officer, assistant returning officer, presiding officer, polling officer and any other officer appointed by or under this Act and any police officer designated for the time being by the Government, for the conduct of any election of Councillors under this Act shall be deemed to be on deputation to the State Election Commission for the period commencing on and from the date of notification calling for such election and ending with the date of declaration of the results of such election and accordingly, such officer shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.]

1. Section 50A Inserted by Act 25 of 1995 w.e.f.26.09.1995.

If any person in the service of the Government acts as an election agent or a polling agent or a counting agent of a candidate at an election, he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

station to be an offence.- (1) Any person who at any election fraudulently takes or attempts to take a ballot paper

station or wilfully aids or abets the doing of any such act shall, on conviction, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub- section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer: Provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard to decency.
2. (3) Any ballot paper 1[or voting machine] found upon the person arrested on search shall be made over for safe custody to a police officer by

the presiding officer, or when the search is made by a police officer, shall be kept by such officer in safe custody.

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (4) An offence punishable under sub-section (1) shall be cognizable.

(1) A person shall be guilty of an electoral offence if at any election, he,-

1. (a) fraudulently defaces or fraudulently destroys any nomination paper; or
2. (b) fraudulently defaces, destroys or removes any list, notice or other document, affixed by or under the authority of a returning officer; or
3. (c) fraudulently defaces or fraudulently destroys any ballot paper or 1[voting machine] or the official mark on any ballot paper; or 1[voting machine]

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (d) without due authority supplies any ballot paper 1[or voting machine] to any person or receives any ballot paper 1[or voting machine] from any person or is in possession of any ballot paper; 1[or voting machine]

1. Deemed to have been Inserted by Act 17 of 2009 w.e.f.28.5.2009.

1. (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
2. (f) without due authority destroys, takes, opens or otherwise interferes with any 1[ballot box, ballot papers or voting machine] then in use for the purposes of the election; or

1. Deemed to have been Substituted by Act 17 of 2009 w.e.f.28.5.2009.

1. (g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.

1. (2) Any person guilty of an electoral offence under this section shall,-
   • (a) if he is the returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or person employed on official duty in connection with the election, on conviction, be punished with imprisonment for a term which may extend to two years, or with fine, or with both;
   • (b) if he is any other person, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine, of with both.
2. (3) For the purpose of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of an election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election but the expression "official duty" shall not include any duty imposed otherwise than by or under this Act in connection with such election.
3. (4) An offence punishable under clause (b) of sub-section (2) shall be congnizable.

No court shall take cognizance of any offence under section 45 or under section 50 or under clause (a) of sub-section (2) of section 53 unless there is a complaint made by order of, or under authority from, such officer as may be prescribed.

¹ Substituted by Act 19 of 1991 w.e.f.19.2.1990.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

¹ Substituted by Act 19 of 1991 w.e.f.19.2.1990.

² Substituted by Act 35 of 1994 w.e.f.1.6.1994.

1[(1) The superintendence, direction and control of the preparation of electoral roll for, and conduct of elections to the Corporation shall be vested in the State Election Commission.] 3[(2)] 3 1 [ 2[Subject to sub-section (1)] the Government] may make rules to provide for or regulate all or any of the following matters for the purpose of holding elections of councillors under this Act, namely:- 3. Re-numbered by Act 19 of 1991 w.e.f.19.2.1990.

1. (a) the appointment of a returning officer, assistant returning officers, presiding officers and polling officers for the conduct of elections;
2. (b) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;
3. (c) the symbols that may be chosen by candidates representing political parties and other candidates at elections and the restriction to which their choice is subject;
4. (d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the corporation;
5. (e) the withdrawal of candidates;
6. (f) the appointment of agents of candidates;
7. (g) the procedure in contested and uncontested elections and the special procedure at elections in 1[wards] where any seat is reserved for the Scheduled Castes or Scheduled Tribes 1[Backward Classes or Women] 2[x x x] ;
8. (h) the date, time and place for poll and other matters relating to the conduct of elections including,-
   • (i) the appointment of polling stations for each 1[ward] ,
   • (ii) the hours during which the polling station shall be kept open for the casting of votes,
   • (iii) the printing and issue of ballot papers,
   • (iv) the checking of votes by reference by the electoral roll,
   • (v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters,
   • (vi) the manner in which cotes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability, 1[(via) the manner of giving and recording of votes by voting machines;] 1. Deemed to have been Inserted by Act 17 of 2009 w.e.f. 28.5.2009. 1[(vi-b) the manner of cast of vote by the qualified voter in favour of none of the above
9. (NOTA) candidates contesting at the election, in case where he does not want to cast his vote in favour of any candidate.]
   • (vii) procedure to be followed in respect of challenged votes and tendered votes,
   • (viii) the scrutiny and counting of votes, the declaration and publication of the results and the procedure in case of equality of votes,
   • (ix) the custody and disposal of papers relating to elections,
   • (x) the suspension of poll in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll,
   • (xi) the holding of a fresh poll in the case or destruction of or tampering with ballot boxes before the count,
   • (xii) the countermanding of the poll in the case of the death of a candidate before the poll;
   • (i) the fee to be paid on an election petition;
10. (j) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section. 1[(3)] In making any rule under this section the Government may provide that any contravention thereof shall, on conviction, be punished with fine which may extend to one hundred rupees. 1. Re-numbered by Act 19 of 1991 w.e.f.19.2.1990.

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

² Omitted by Act 24 of 1978 w.e.f.29.9.1978.

¹ Substituted by Act 35 of 1994 w.e.f.1.6.1994.

¹ Inserted by Act 10 of 2009 w.e.f. 27.04.2020

Notwithstanding anything contained in this Act or the rules made thereunder, the giving or recording of votes by voting machines may be adopted in such constituency or constituencies as the State Election Commission may having regard to the circumstances of each case specify.

Explanation.- For the purpose of this section ‘voting machine’ means any machine or apparatus whether operated electronically or otherwise used for giving or recording of votes and any reference to a ballot box or ballot paper in this Act or the rules made thereunder shall, save as otherwise provided, construed as including a reference to such voting machine wherever such voting machine is used in any election.]

1. Section 55A Deemed to have been Inserted by Act 17 of 2009 w.e.f. 28.5.2009.

No suit shall be entertained by a civil court in respect of any matter relating to the election, appointment or removal of councillors, the Mayor or Deputy Mayor, members and chairman of the standing committees unless such suit is authorised by the provisions of this Act or any rule made under this Act.