Chapter II CONSTITUTION OF 1[MUNICIPAL AREAS]1

General disqualifications for becoming a councillor. (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 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); or (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 of 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 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 has been removed from office under section 41 of this Act; or (g) if he is unsound mind and stand so declared by 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 (j) if he is so disqualified by or under any law for the time being in force for the purpose 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 municipal council, or in any contract or employment with or under, or by or on behalf of the municipal council; or (l) if he is employed as paid legal practitioner on behalf of the municipal council or accepts employment as legal practitioner against the municipal council; or (m) if he is a licensed surveyor, or plumber or water supply contractor of the municipal council or is a partner of a firm of which any such licensed person is a partner; or (n) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the municipal council 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 171-E or section 171-F of the Indian Penal Code, or any offence punishable under section 36 or clause (a) of sub-section (2) of section 37 of this Act, unless a period of five years has elapsed since the date of the finding, or the disqualification has been removed by order by the Government: Provided that,— (a) the disqualification in sub-clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security; (b) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of his receiving,- (i) any pension, or (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor; (c) the disqualification in clauses (a), (d) and (f) 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; (d) a person shall not be deemed to have incurred disqualification under sub-clause (k) by reason of his,—

(1) 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. (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 Municipal Council 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. (3) The account shall contain such particulars as may be prescribed. (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 16A.

If the State Election Commission is satisfied that any person,- (a) has failed to lodge an account of election expenses within the time and in the manner required by or under this Act; and (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) A general election of councillors shall be held for the purpose of constituting a municipal council for the first time or before the expiry of the period for which an Administrator is appointed under section 315 or before the expiry of the period specified under section 316. (2) A general election shall also be held for the purpose of filling the vacancies arising by the efflux of time in the office of the councillors.

(1) The term of office of a councillor,— (a) elected at a general election shall be five years; (b) nominated under clause (b) of sub-section (1) of section 11 shall, subject to the pleasure of the Government be five years. (1A) The term of office of the councillor elected at a general election or nominated in clause (b) of sub-section (1) of section 11 shall commence on the date appointed for the first meeting of the municipal council. (2) The term of office of a councillor elected to fill a casual vacancy shall continue so long only as the councillor in whose place he is elected would have been entitled to hold office if the vacancy had not occurred. (3) Not withstanding anything contained in this Act, where two thirds of the total number of councillors required to be elected have been elected the municipal council shall be deemed to have been duly constituted under this Act.

Allowances to Councillors. Every Councillor may receive out of the Municipal funds, such monthly allowance not exceeding Rs. 100 as the Government may, from time to time, fix and different rates may be fixed for different municipal councils.

Casual vacancies how to be filled up. Where a vacancy occurs through the resignation or non-acceptance of office by a person elected to be a councillor, or through such person becoming disqualified to be a councillor, or through any election being set aside under the provisions of section 23 or through the death, removal or disability of a councillor previous to the expiry of his term of office, the vacancy shall be filled up as soon as may be after the occurrence of such vacancy by the election of a person thereto: Provided that no election shall be held to fill a casual vacancy occurring within six months prior to the expiry of the term of office of councillors under sub-section (1) of section 18.

Publication of results of elections. The names of persons elected, as councillors, president or vice-president of municipal council shall be published in the official Gazette: Provided that the names of all the councillors elected at a general election and nominated under section 11 shall be so published as far as possible simultaneously.

Election Petitions. (1) No election of a councillor shall be called in question except by an election petition presented to the Election Tribunal within fifteen days from the date of the declaration of the result of the election. (2) An election petition calling in question any such election may be presented on one or more of the grounds specified in section 23,— (a) by any candidate at such election, or (b) by any voter of the division concerned. (3) A petitioner shall join as respondents to his petition all the candidates at the election. (4) An election petition,— (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall with sufficient particulars, set forth the ground or grounds on which the election is called in question; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings.

(1) A petitioner may claim,— (a) a declaration that the election of all or any of the returned candidates, is void, and (b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected. (2) The expression “returned candidate” means a candidate who has been declared as duly elected.

(1) Subject to the provisions of sub-section (2), if the Election Tribunal is of opinion,— (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 (b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or (c) that any nomination paper has been improperly rejected, or (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 or by any other person acting with the consent of such candidate or agent, or (iii) by the improper acceptance or refusal of any vote or reception of any vote which is void, or (iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder, the Election Tribunal shall declare the election of the returned candidate to be void. (2) If in the opinion of the Election Tribunal, any agent of a returned candidate has been guilty of any corrupt practice, but the Tribunal is satisfied,— (a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders and without the consent of the candidate; (b) that the candidate 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 Tribunal 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 Election Tribunal as far as it can be made applicable, in the trial and disposal of an election petition under this Act.

(1) At the conclusion of the trial of an election petition, the Election Tribunal shall make an order,— (a) persuade any person to give his vote at an election; 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. (2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the Election Tribunal 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 or illegal practices the petitioner or such other candidate would have obtained a majority of the valid votes, the Tribunal 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 in case of equality of votes. If during the trial 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 Election Tribunal 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 from an order of the Election Tribunal under section 25, to the High Court within a period of thirty days from the date of the order of the Tribunal excluding the time requisite for obtaining a copy of the order and the decision of the High Court on such appeal shall be final and conclusive.

An election of a councillor not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.

The following shall be deemed to be corrupt practices for the purposes of this Act:— (1) bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (Central Act XLIII of 1951) for the time being in force; (2) undue influence as defined in clause (2) of the said section for the time being in force; (3) the systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion 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 that candidate’s election; (4) the publication by a candidate or his agent or by any other person 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 from contest of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election; (5) the hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector (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 or vessel by an elector or by several electors at their joint cost for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any railway carriage by an elector 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 vehicles or otherwise; (6) the holding of any meeting in which intoxicating liquors are served; (7) the issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof; (8) any other practice which the Government may by rules specify to be a corrupt practice.

(1) Every officer, clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election 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 calculated to violate such secrecy. (2) Any person who contravenes the provisions of sub-section (1) shall be punished with imprisonment for a term which may extend to three months, or with fine, or with both.

Officers, etc., at elections not to act for candidates or to influence voting. (1) No person who is a returning officer, or an assistant returning officer or a presiding or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election shall in the conduct or management of the election do any act (other than the giving of vote,) for the furtherance of the prospects of the election of a candidate. (2) No such person as aforesaid and no member of a police force shall endeavour,— (a) to persuade any person to give his vote at an election; or (b) to dissuade any person from giving his vote at an election; or (c) to influence the voting of any person at an election in any manner. (3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punished with imprisonment for a term which may extend to six months or with fine, or with both.

Prohibition of canvassing in or near polling stations. (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 yards of the polling station, namely:— (a) canvassing for votes; or (b) soliciting the vote of any elector; or (c) persuading any elector not to vote for any particular candidate; or (d) persuading any elector not to vote at the 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 be punished with fine which may extend to two hundred and fifty rupees. (3) An offence punishable under this section shall be cognizable.

Penalty for disorderly conduct in or near polling stations. (1) No person shall, on the date or dates on which a poll is taken at any polling station,— (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 (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 officer and other persons on duty at the polling station. (2) Any person who contravenes, or wilfully, aids or abets the contravention of, the provisions of sub-section (1), shall be punished with imprisonment for a term which may extend to three months, or with fine, or with both. (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. (4) Any police officer may take 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 elector 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 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.

Breaches of official duty in connection with elections. (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 be punished with fine which may extend to five hundred rupees. (2) No suit or other legal proceeding 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 returning officers, 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 purposes of this section be construed accordingly, but shall not include duties imposed otherwise than by or under this Act in connection with such election.

Removal of ballot papers from polling station to be an offence. (1) Any person who at any election fraudulently takes or attempts to take a ballot paper or voting machine out of a polling station, or wilfully aids or abets the doing of any such act, shall 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. (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 woman to be searched, the search shall be made by another woman with strict regard to decency. (3) Any ballot paper 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. (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,— (a) fraudulently defaces or fraudulently destroys any nomination paper; or (b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of a returning officer; or (c) fraudulently defaces or fraudulently destroys any ballot paper or voting machine or the official mark on any ballot paper or voting machine; or (d) without due authority supplies any ballot paper to any person or receives any ballot paper or voting machine from any person or is in possession of any ballot paper or voting machine; or (e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or (f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot papers or voting machine then in use for the purposes of the election; or (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. (2) Any person guilty of an electoral offence under this section shall,— (a) if he is a returning officer or an assistant returning officer or a presiding officer at a polling station or any other officer or clerk employed on official duty in connection with the election, 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, be punished with imprisonment for a term which may extend to six months, or with fine, or with both. (3) For the purposes 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 or voting machine 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. (4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. (5) No court shall take cognizance of any offence under section 31 or under section 35 or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the Deputy Commissioner.

(1) The superintendence, direction and control of the preparation of list of voters for, and the conduct of all elections to the municipal council shall be vested in the State Election Commission. (2) Subject to sub-section (1), Government may, by notification and after previous publication, make rules to provide for or to regulate all or any of the following matters for the purpose of holding elections of councillors under this Act, namely:— (a) the manner of the splitting up of electoral rolls for Legislative Assembly constituencies into parts for the purpose of constituting one or more of such parts into the list of voters for a ward; and the officer or authority by whom such splitting up is to be carried out; (b) revision and correction of electoral rolls; (c) redistribution of territorial wards; (d) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections; (e) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations; (f) 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 municipal council; (g) the withdrawal of candidatures; (h) the appointment of agents of candidates; (i) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes, Scheduled Tribes, Backward Classes and Women; (j) 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 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 voters of reference to the electoral roll; (v) the marking with indelible ink on the left fore-finger 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 votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability; (via) the manner of giving and recording of votes by voting machines; (vi -b) the manner of cast of vote by the qualified voter in favour of none of the above (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 of votes, counting of votes, the declaration and publication of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward; (ix) the custody and disposal of papers relating to elections; (x) the suspension of polls 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 of 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; (k) the fee to be paid on an election petition; (l) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government necessary. (3) In making any rule under this section, the Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees. (i) the appointment of polling stations for each 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 voters of reference to the electoral roll; (v) the marking with indelible ink on the left fore-finger 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 votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability; (via) the manner of giving and recording of votes by voting machines; (vi -b) the manner of cast of vote by the qualified voter in favour of none of the above (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 of votes, counting of votes, the declaration and publication of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward; (ix) the custody and disposal of papers relating to elections; (x) the suspension of polls 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 of 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; (k) the fee to be paid on an election petition; (l) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government necessary. (3) In making any rule under this section, the Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.

Returning Officer, Presiding Officer etc. deemed to be on deputation to State Election Commission. 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 a period commencing on and from the date of notification calling for such election and ending with the date of declaration of the result of such election and accordingly, such officer shall during that period, be subject to the control of superintendence and discipline of the State Election Commission.

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, be construed as including a reference to such voting machine wherever such voting machine is used in any election.

Bar of suits relating to elections, etc. No suit shall be entertained by a civil court in respect of any matter relating to the election, appointment or removal of a councillor, president or vice-president, unless such suit is authorised by the provisions of this Act or any rule made under this Act.

Resignation. (1) Subject to the provisions of sub-section (2), a councillor may resign his membership and a president or a vice-president may resign his membership or office as president or vice-president by giving notice in writing to that effect,— (a) to the Deputy Commissioner in the case of Town Municipal Council; (b) to the Director of Municipal Administration in the case of a City Municipal Council. (2) The resignation under sub-section (1) shall take effect on the expiry of the tenth day after the receipt of the notice of resignation unless withdrawn in the meanwhile.

Liability to removal from office. (1) The Government, if it thinks fit on the recommendation of the municipal council, may remove any councillor elected under this Act, and after such enquiry as it deems necessary, if such councillor has been guilty of misconduct in the discharge of his duties, or of any disgraceful conduct, or has become incapable of performing his duties as a councillor. Provided that no Councillor shall be removed except after being afforded an opportunity for submitting an explanation. (2) When under sub-section (10) of section 42 any person is removed from the office of president or vice-president for misconduct in the discharge of his duties, he shall, from the date of such removal cease to be a councillor and shall be deemed to have been removed from the office of councillor under sub-section (1).

(1) For every municipal council, there shall be a president and a vice-president. (2) Subject to the provisions of sub-section (2A) the Councillors shall at the first meeting of the Municipal Council after the general election and at a subsequent meeting held immediately before the expiry of term of office of the President and Vice-president chose two members from amongst the elected councillors to be respectively president and Vice-President and so often as there is a casual vacancy in the office of the President, or Vice-President shall choose another member from amongst the elected councillors to be the President or Vice-president, as the case may be. (2A) There shall be reserved by the Government in the prescribed manner,— (a) such number of offices of President and Vice-President in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State; (b) such number of offices of President and Vice-president in the State which shall as nearly as may be one-third of the total number of offices of President and Vice-president in the State for the persons belonging to the Backward Classes; Provided that out of the offices reserved under this clause eighty per cent of the total number of such offices shall be reserved for the persons falling under category “A” and the remaining twenty per cent of the offices shall be reserved for the persons falling under category “B”: Provided further that if no person falling under category “A” is available, offices reserved for that category shall also be filled by the persons falling under category “B” and vice versa. Provided also that the number of offices of President and Vice-President reserved for the backward classes under this clause shall be so determined that the total number of offices of President and Vice-President reserved for the scheduled castes and the scheduled tribes and the backward classes under this clause shall not exceed fifty percent of the total number of offices of President and Vice-President of the Municipal Councils in the State. (c) not more than fifty percent of the total number of offices of the President and Vice-President in the State from each of the categories, reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non-reserved, for women: Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner to different municipal councils. Explanation.—For the removal of doubts it is hereby declared that the principal of rotation for the purpose of reservation of offices under this sub-section shall commence from the first ordinary election to be held after the first day of June 1994; (3) The election of the president or the vice-president and the filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed: Provided that the authority to determine such election disputes shall be such judicial officer as may be prescribed. (4) [Omitted] (5) During a vacancy in the office of the president of a municipal council and when there is no vice-president to take his place or if a vice-president fails to assume charge of the office of president which has fallen vacant as required by sub-section (2) of section 44, then without prejudice to any action under sub-section (10) the Deputy Commissioner or the person performing the duties of the Deputy Commissioner for the time being in the case of President shall choose another member from amongst the elected councillors to be the President or Vice-president, as the case may be.

(2A) There shall be reserved by the Government in the prescribed manner,—

(a) such number of offices of President and Vice-President in the State for the persons belonging to the Scheduled Castes and Scheduled Tribes and the number of such offices bearing as nearly as may be the same proportion to the total number of offices in the State as the population of the Scheduled Castes in the State or of the Scheduled Tribes in the State bears to the total population of the State; (b) such number of offices of President and Vice-president in the State which shall as nearly as may be one-third of the total number of offices of President and Vice-president in the State for the persons belonging to the Backward Classes; Provided that out of the offices reserved under this clause eighty per cent of the total number of such offices shall be reserved for the persons falling under category “A” and the remaining twenty per cent of the offices shall be reserved for the persons falling under category “B”: Provided further that if no person falling under category “A” is available, offices reserved for that category shall also be filled by the persons falling under category “B” and vice versa. Provided also that the number of offices of President and Vice-President reserved for the backward classes under this clause shall be so determined that the total number of offices of President and Vice-President reserved for the scheduled castes and the scheduled tribes and the backward classes under this clause shall not exceed fifty percent of the total number of offices of President and Vice-President of the Municipal Councils in the State. (c) not more than fifty percent of the total number of offices of the President and Vice-President in the State from each of the categories, reserved for persons belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes and those which are non-reserved, for women: Provided that the offices reserved under this sub-section shall be allotted by rotation in the prescribed manner to different municipal councils. Explanation.—For the removal of doubts it is hereby declared that the principal of rotation for the purpose of reservation of offices under this sub-section shall commence from the first ordinary election to be held after the first day of June 1994;

(3) The election of the president or the vice-president and the filling up of vacancies in the said offices and the determination of disputes relating to such election shall be in accordance with such rules as may be prescribed: Provided that the authority to determine such election disputes shall be such judicial officer as may be prescribed.

(4) [Omitted]

(5) During a vacancy in the office of the president of a municipal council and when there is no vice-president to take his place or if a vice-president fails to assume charge of the office of president which has fallen vacant as required by sub-section (2) of section 44, then without prejudice to any action under sub-section (10) the Deputy Commissioner or the person performing the duties of the Deputy Commissioner for the time being in the case of city municipal councils and in the case of town municipal councils any officer nominated by him in this behalf not below the rank of an Assistant Commissioner in the case of municipal councils at district headquarters or the Tahsildar or the person performing the duties of the Tahsildar for the time being or any other person not disqualified for being a Councillor in the case of other municipal councils shall, notwithstanding anything contained in this Act or in the rules or orders issued thereunder, perform the functions of the president.

(6) Every president who, for a period exceeding two months and every vice-president who for a period exceeding one month, absents himself from the municipal area in such manner as to be unable to perform his duties as such president or vice-president, shall cease to be president or vice-president, unless leave so to absent himself has been granted by the municipal council. The question whether a vacancy has arisen under this sub-section shall be decided by the Deputy Commissioner.

(7) Leave under sub-section (6) shall not be granted for a period exceeding six months. Whenever leave is granted to a president and the office of the vice-president is vacant, the vacancy in the office of the president shall be filled up by election by the municipal council from among the elected councillors within such period and in such manner as may be prescribed. When leave is granted to a vice-president or when the vice-president is acting for the president, the vacancy in the office of the vice-president may be filled up by election of some other elected councillor thereto.

(8) If a vice-president of a municipal council is elected as president of the municipal council, he shall be deemed to have vacated his office as vice-president.

(9) Every president and every vice-president of a municipal council shall forthwith be deemed to have vacated his office if a resolution expressing want of confidence in him is passed by a majority of the total number of councillors having voting right and by a majority of not less than two-thirds of the councillors having voting right present and voting at a special general meeting convened for the purpose: Provided that no such resolution shall be moved unless notice of the resolution is signed by not less than one-third of the total number of councillors having voting right and at least ten days’ notice has been given of the intention to move the resolution: Provided further that where a resolution expressing want of confidence in any president or vice-president has been considered and negatived by a municipal council, a similar resolution in respect of the same president or vice-president shall not be given notice of or moved within one year from the date of the decision of the municipal council.

(10) Every president and vice-president shall be removable from his office as such president or vice-president by the Government for misconduct in the discharge of his duties or for neglect of or incapacity to perform his duties or if he is unable to pay dues he owes to the Municipal Council or has suffered an order for commitment to civil prison for non-payment of any decretal debt, and a president and vice-president so removed who does not cease to be a councillor under sub-section (2) of section 41, shall not be eligible for re-election as president or vice-president during the remainder of his term of office of councillor specified in section 18. Provided that no such order shall be made except after the president or the Vice-President has been given an opportunity for submitting explanations.

(11) Save as otherwise provided under this Act, the President and Vice President shall hold office for a period of thirty months from the date of their election, provided that in the meantime they do not cease to be councillors.

(12) In the event of the non-acceptance of office, death, resignation or removal from office of a president or vice-president or of his election being void, or of his becoming incapable of acting in such office or having ceased to be a councillor, previous to the expiry of his term of office as president or vice-president, the vacancy shall be filled up by election, in accordance with the provisions of the foregoing sub-sections.

(13) The President and the Vice-President may receive out of the Municipal Fund such monthly allowances, not exceeding Rs. 200, as the Government may, from time to time, fix and different rates may be fixed for different municipal councils.

(14) The Municipal Council shall place at the disposal of the President annually such sum not exceeding Rs. 1,000 as may be determined by it; by way of sumptuary allowance. Provided that no such order shall be made except after the president or the Vice-President has been given an opportunity for submitting explanations. Explanation.—x x x (11) Save as otherwise provided under this Act, the President and Vice President shall hold office for a period of thirty months from the date of their election, provided that in the meantime they do not cease to be councillors. (12) In the event of the non-acceptance of office, death, resignation or removal from office of a president or vice-president or of his election being void, or of his becoming incapable of acting in such office or having ceased to be a councillor, previous to the expiry of his term of office as president or vice-president, the vacancy shall be filled up by election, in accordance with the provisions of the foregoing sub-sections. (13) The President and the Vice-President may receive out of the Municipal Fund such monthly allowances, not exceeding Rs. 200, as the Government may, from time to time, fix and different rates may be fixed for different municipal councils. (14) The Municipal Council shall place at the disposal of the President annually such sum not exceeding Rs. 1,000 as may be determined by it; by way of sumptuary allowance.

Functions of President. (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 has been removed from office under section 41 of this Act; or (g) if he is unsound mind and stand so declared by 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 (j) if he is so disqualified by or under any law for the time being in force for the purpose 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 municipal council, or in any contract or employment with or under, or by or on behalf of the municipal council; or (l) if he is employed as paid legal practitioner on behalf of the municipal council or accepts employment as legal practitioner against the municipal council; or (m) if he is a licensed surveyor, or plumber or water supply contractor of the municipal council or is a partner of a firm of which any such licensed person is a partner; or (n) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the municipal council 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 171-E or section 171-F of the Indian Penal Code, or any offence punishable under section 36 or clause (a) of sub-section (2) of section 37 of this Act, unless a period of five years has elapsed since the date of the finding, or the disqualification has been removed by order by the Government: Provided that,— (a) the disqualification in sub-clause (b) shall cease to operate after the expiry of the period during which a person is ordered to furnish security; (b) a person shall not be deemed to have incurred any disqualification under clause (c) by reason only of his receiving,- (i) any pension, or (ii) any allowance or facility approved by the Government for serving as president or vice-president or as councillor; (c) the disqualification in clauses (a), (d) and (f) 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; (d) a person shall not be deemed to have incurred disqualification under sub-clause (k) by reason of his,— (i) having any share or interest in any lease, sale or purchase of any immoveable property or in any agreement for the same, or (ii) having a share or interest in any joint stock company otherwise than as a 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 municipal council, or (iii) having a share or interest in any newspaper in which any advertisement relating to the affairs of the municipal council may be inserted, or (iv) holding a debenture or being otherwise interested in any loan raised by, or on behalf of the municipal council, or (v) having a share or interest in the occasional sale of any article in which he regularly trades, to the municipal council to a value not exceeding in any one official year, such amount as may be prescribed, or (vi) having a share or interest in the occasional letting out on hire to the municipal council, or in the hiring from municipal council, 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. (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. (1B) A person shall be disqualified for being chosen as and for being a Councillor if he is disqualified under section 16C. 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 16C; (2) If any councillor during the term for which he has been elected or appointed,— (a) becomes subject to any disqualification specified in sub-section (1), or (b) votes or takes part as a councillor in the discussion 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 (d) of the proviso 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 municipal council, or (c) absents himself from the meetings of the municipal council, during three consecutive months except with the leave of the municipal council: Provided that no such leave shall be granted in case of absence from the meetings of the municipal council during a period exceeding six consecutive months: Provided further that when an application is made by a councillor to the municipal council for leave to absent himself and the municipal council 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 municipal council, the Deputy Commissioner either suo motu or on a report made to him and after such inquiry as he deems fit, shall declare the seat of the person concerned to have become vacant. (3) Any person aggrieved by the decision of the Deputy Commissioner under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government if the person affected by the order was a councillor of a city municipal council and to the Director of Municipal Administration if such person was a councillor of a town municipal council and the orders passed by the Government or the Director of Municipal Administration 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) Subject to the provisions of Chapter XIV, it shall be the duty of the president of a municipal council to,— (a) preside, unless prevented by reasonable cause, at all meetings of the municipal council and subject to the provisions of the rules for the time being in force under clause (a) of sub-section (2) of section 323, to regulate the conduct of business at such meetings; (b) watch over the financial and executive administration of the municipal council; (c) perform all the duties and exercise all the powers specifically imposed or conferred upon him by, or delegated to him under and in accordance with this Act; (d) furnish within a period of a fortnight to the Commissioner or to such other officer as the Director of Municipal Administration shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipal council; and (e) furnish any extract from the minutes of the proceedings of the municipal council or of any committee or other document or thing which the Director of Municipal Administration or other officer calls for under section 304. (2) The President of a municipal council may, in cases of emergency direct the execution or stoppage of any work or the doing of any act which requires the sanction of the municipal council, and the immediate execution or doing of which is, in his opinion, (1) Subject to the provisions of Chapter XIV, it shall be the duty of the president of a municipal council to,— (a) preside, unless prevented by reasonable cause, at all meetings of the municipal council and subject to the provisions of the rules for the time being in force under clause (a) of sub-section (2) of section 323, to regulate the conduct of business at such meetings; (b) watch over the financial and executive administration of the municipal council; (c) perform all the duties and exercise all the powers specifically imposed or conferred upon him by, or delegated to him under and in accordance with this Act; (d) furnish within a period of a fortnight to the Commissioner or to such other officer as the Director of Municipal Administration shall from time to time nominate in this behalf, a copy of every resolution passed at any meeting of the municipal council; and (e) furnish any extract from the minutes of the proceedings of the municipal council or of any committee or other document or thing which the Director of Municipal Administration or other officer calls for under section 304. (2) The President of a municipal council may, in cases of emergency direct the execution or stoppage of any work or the doing of any act which requires the sanction of the municipal council, and the immediate execution or doing of which is, in his opinion, necessary for the service or safety of the public, and may direct that the expenses of executing such work or doing such act shall be paid from the municipal fund: Provided that,— (a) he shall not act under this section in contravention of any order of the municipal council prohibiting the execution of any particular work or the doing of any particular act, and (b) he shall report forthwith the action taken under this section and the reason therefor to the standing committee at its next meeting. (3) The President shall have the following additional powers, namely:— (a) to issue directions to the Municipal Commissioner or the Chief Officer to implement the resolutions of the Council or the Standing Committees; (b) to require the Administration Report and the Annual Report of the Council prepared and placed before the end of the year; (c) to issue directions to the concerned officers to comply with the points made out in the audit report; (d) to undertake inspection and supervision of the works taken up by the Council; and (e) to call for any record but the same to be returned within one month. (4) The President shall ex-officio be a member of all the standing committees but without the power of vote on any question. (5) The Municipal Commissioner or the Chief Officer shall, whenever they address communications to Government, simultaneously forward copies thereof to the President.

(1) It shall be the duty of the vice-president of a municipal council to exercise such of the powers and perform such of the duties of the president as the president from time to time delegates to him in accordance with the general or special orders of the Government issued in this behalf. (2) It shall be the duty of the vice-president,— (a) in the absence of the president and unless prevented by reasonable cause, to preside at the meetings of the municipal council, and he shall, when so presiding, exercise the same authority as is vested in the president under clause (a) of sub-section (1) of section 43, and (b) pending the succession, appointment or election of a president, or during the absence of a president for any period exceeding seven days, to exercise the powers and perform the duties of the president. (3) The Vice-President shall ex-officio be a member of all the Standing Committees but shall not be entitled to vote on any question.

Rights and privileges of individual councillors and President. (3) Any person aggrieved by the decision of the Deputy Commissioner under sub-section (2) may, within a period of thirty days from the date of such decision, appeal to the Government if the person affected by the order was a councillor of a city municipal council and to the Director of Municipal Administration if such person was a councillor of a town municipal council and the orders passed by the Government or the Director of Municipal Administration 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) Any councillor may call the attention of the proper authority to any neglect in the execution of municipal work, to any waste of municipal property or the wants of any locality, and may suggest any improvements which he considers desirable. (2) Every councillor shall have the right to interpellate and to move resolutions on matters connected with the municipal administration, subject to such rules as may be prescribed. (2A) Every councillor shall be furnished with copies of the proceedings of the meetings by the Director of Municipal Administration or the Chief Officer along with the notice of the next meeting. (3) Every councillor shall have access to the records of the municipal council after giving due notice to the chief officer or the municipal commissioner, as the case may be, provided that the chief officer or the municipal commissioner may for reasons given in writing forbid such access. The councillor may appeal from the order of the chief officer or the municipal commissioner to the president whose decision shall be final. (4) The president shall have full access to all the records of the municipal council and the chief officer or the municipal commissioner shall comply without unreasonable delay with any requisition of the president for any information appertaining to the municipal administration. The President may also call for any record of the Municipal Council from the Director of Municipal Administration, the Chief Officer or any other officer, but any record so made available shall be returned within one month.

(1) On the election of a new president or vice-president the retiring president or vice-president in whose place the new president or vice-president has been elected and on the removal of a president or vice-president, under sub-section (9) or (10) of section 42 the president or vice-president who is so removed shall hand over charge of his office to such new president or vice-president, as the case may be. (2) If the retiring president or vice-president or the president or vice-president, removed under sub-section (9) or (10) of section 42 fails or refuses to hand over charge of his office as required under sub-section (1) or sub-section (3) of section 368, then without prejudice to any action under said sub-section, the Government or any authority empowered by the Government in this behalf, may, by order in writing, direct the president or the vice-president, as the case may be, to forthwith hand over charge of his office and all papers and property of the municipal council, if any, in his possession as such president or vice-president, to the new president or vice-president. (3) If the retiring president or vice-president or the president or vice-president removed under sub-section (9) or (10) of section 42 to whom a direction has been issued under sub-section (2) does not comply with such direction, he shall be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to Rs. 500 or with both.