Chapter VI ELECTIONS

(1) A general election shall be held for the purpose of constitution of a new City Corporation before the expiry of the duration of the existing City Corporation or on dissolution.

1. (2) The superintendence and the conduct of general election for casual vacancy of Councillors shall be vested in the State Election Commission.
2. (3) The officer designated by the State Election Commission shall maintain a list of voters for each ward of such City Corporation area.
3. (4) The date of such an election shall be fixed by the State Election

Electoral rolls.- (1) For every ward, there shall be an electoral roll which shall be prepared, revised, modified, updated and published in accordance with the provisions of this Act and under the superintendence, direction and control of the State Election Commission.

1. (2) Only one Councillor shall be elected for each ward and election shall be by secret ballot.
2. (3) A person whose name has been included in the electoral roll of a Ward, as prepared by the State Election Commission shall be entitled to vote in an election to that ward.

(1) An Electoral Registration Officer shall prepare and renew the voters list with respect to each ward of a City Corporation, in such manner as may be prescribed and he shall be an officer of the Government or a local authority designated or nominated as such by the State Election Commission in consultation with the Greater Bengaluru Authority. (2) The Electoral Registration Officer may, subject to such restriction as may be prescribed, depute competent officials including those of aided schools or Government employees or employees of local authorities, to prepare and revise the voters list of the wards. (3) The State Election Commission may designate one or more persons as Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the discharge of his functions. (4) Each Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration Officer, be competent to discharge all or any of the functions of the Electoral Registration Officer.

1. (2) The Electoral Registration Officer may, subject to such restriction as may be prescribed, depute competent officials including those of aided schools or Government employees or employees of local authorities, to prepare and revise the voters list of the wards.
2. (3) The State Election Commission may designate one or more persons as Assistant Electoral Registration Officers to assist the Electoral Registration Officer in the discharge of his functions.
3. (4) Each Assistant Electoral Registration Officer shall, subject to the control of the Electoral Registration Officer, be competent to discharge all or any of the functions of the Electoral Registration Officer.

The District Election Officer shall, with the previous approval of the State Election Commission, provide sufficient number of polling stations for every Ward within the area of his jurisdiction, and shall publish in such manner as the State Election Commission may direct, a list showing the polling stations so provided and the polling areas or group of voters for which they have respectively been provided.

State Election Commission shall appoint a Presiding Officer for each polling station and such Polling Officer or officers as it thinks necessary: Provided that, if a Polling Officer is absent from the polling station, the Presiding Officer may appoint any person who is present at the polling station other than a person who has been employed by or on behalf of, or has been otherwise working for, a candidate in or in relation to the election, to be the Polling Officer during the absence of the former officer, and inform the election commission accordingly.

1. (2) A Polling Officer shall, if so, directed by the Presiding Officer, perform all or any of the functions of a Presiding Officer under this Act or any rules or orders made thereunder.

(1) A person whose name is in the electoral roll of the wards of any of the City Corporations within the Greater Bengaluru Area, not being less than twenty one years of age and not disqualified under this Act or any other law for the time being in force, shall be qualified to be elected from any ward of that City Corporation in which he has the vote at the election. (2) If a person is elected for more than one ward, 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 Chief Commissioner of the Greater Bengaluru Authority intimate the ward from which he chooses to serve and the choice shall be final. (3) If the candidate does not make the choice referred to in sub-section (2), the Chief Commissioner of the Greater Bengaluru Authority shall determine by lot and notify the ward from which such candidate shall serve. The said person shall be deemed to have been elected only for the seat from the ward 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. (4) If a person who is chosen as a councillor of a ward is or becomes a member of either House of the Parliament, either House of the State Legislature, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation other than City Corporation within the Greater Bengaluru or a Councillor of a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members, or as the case may be, within fifteen days from the date of commencement of term of office of a member of either House of the Parliament, either House of the State Legislature or a Municipal Councillor or a Councillor of a Municipal Corporation other than City Corporation within the Greater Bengaluru or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat, his seat in the City Corporation within the Greater Bengaluru shall become vacant unless he has previously resigned his seat in either House of the Parliament, either House of the State Legislature, the Municipal Council, the Municipal Corporation other than City Corporation within the Greater Bengaluru, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be. (5) Such person, once elected, shall not change his name to electoral roll of any ward outside the City Corporation where he is a member, during his tenure and if done so such a member will lose his membership after notice in this regard is served by the Commissioner of the City Corporation where he is a member and affording him an opportunity to be heard.

1. (2) If a person is elected for more than one ward, 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 Chief Commissioner of the Greater Bengaluru Authority intimate the ward from which he chooses to serve and the choice shall be final.
2. (3) If the candidate does not make the choice referred to in sub-section (2), the Chief Commissioner of the Greater Bengaluru Authority shall determine by lot and notify the ward from which such candidate shall serve. The said person shall be deemed to have been elected only for the seat from the ward 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.
3. (4) If a person who is chosen as a councillor of a ward is or becomes a member of either House of the Parliament, either House of the State Legislature, or is or becomes a Municipal Councillor or a Councillor of a Municipal Corporation other than City Corporation within the Greater Bengaluru or a Councillor of a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members, or as the case may be, within fifteen days from the date of commencement of term of office of a member of either House of the Parliament, either House of the State Legislature or a Municipal Councillor or a Councillor of a Municipal Corporation other than City Corporation within the Greater Bengaluru or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama Panchayat, his seat in the City Corporation within the Greater Bengaluru shall become vacant unless he has previously resigned his seat in either House of the Parliament, either House of the State Legislature, the Municipal Council, the Municipal Corporation other than City Corporation within the Greater Bengaluru, Town Panchayat, Zilla Panchayat or Grama Panchayat as the case may be.
4. (5) Such person, once elected, shall not change his name to electoral roll of any ward outside the City Corporation where he is a member, during his tenure and if done so such a member will lose his membership after notice in this regard is served by the Commissioner of the City Corporation where he is a member and affording him an opportunity to be heard.

(1) A person shall be disqualified in the following circumstances for being chosen as a Councillor if he,-

1. (a) has been sentenced by a criminal court to imprisonment for an offence punishable with imprisonment for a term not less than two years: Provided that,-
   • (i) the offence is one which involves moral turpitude; and
   • (ii) such sentence has not been reversed or quashed or the offence not pardoned; or
2. (b) is so disqualified under any provision of the Constitution or by or under any law for the time being in force relating to elections to the State Legislative Assembly; or
3. (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
4. (d) if he has been dismissed from service under a local authority or from Government service; or
5. (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
6. (f) if he is of unsound mind and stands so declared by a competent court; or
7. (g) if he is an un-discharged insolvent; or
8. (h) if he is not a citizen of India or has voluntarily acquired the citizenship of a foreign State; or
   • (i) if he is so disqualified by any law for the time being in force for the purposes of election to the State Legislature; or
9. (j) if he has, directly or indirectly, by himself or his partner, any share or interest in any work done by order of the City Corporation, or in any contract or employment with or under, or by or on behalf of the City Corporation; or
10. (k) 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 173 or section 174 of the Bharatiya Nyaya Sanhita, 2023 (Central Act 45 of 2023) or any offences pertaining to election 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.
11. (l) if he fails to file Accounts of election expenses in time.

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 conflict of interest; or
     • (ii) in which he is engaged at the time in any proceeding against the City Corporation; or
   • (c) absents himself from the meetings of the City Corporation during three consecutive months except with the leave of the City Corporation: Provided that, no such leave shall be granted in case of absence from the meetings of the City Corporation during a period exceeding six consecutive months: Provided further that, when an application is made by a Councillor to the City Corporation for leave to absent himself and the City Corporation fails to inform the applicant of its decision on the application within a period of seven days from the date of the application, the leave applied for shall be deemed to have been granted by the City Corporation.
2. (3) The Commissioner may, either suo-motu or on a report made to him, after such enquiry as he deems fit, by order, decide, whether the seat of the person concerned has become vacant or not. As far as may be, such order shall be made within seven days from the date of receipt of the report or where action is taken suo-motu, within thirty days from the initiation thereof.
3. (4) Any person aggrieved by the decision of the 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 by the Government on such appeal shall be final: Provided that, no order shall be passed under sub-sections (2) to (4) against any Councillor without giving him a reasonable opportunity of being heard.

If there is equality of votes between two or more candidates, the officer appointed on behalf of the State Election Commission shall decide by drawing lots which candidate shall be deemed to have been elected.

The names of persons elected and nominated as Councillors, Mayor or Deputy Mayor of the City Corporation shall be published in the official Gazette.

(1) No election under this Act shall be called in question except by an election petition presented for adjudication to the District or City Civil Court having jurisdiction, within thirty days from the date of the publication of the result of election under section 45.

1. (2) An election petition may be presented on one or more of the grounds specified in section 43,-
   • (a) by any candidate at such election; or
   • (b) by any voter of the ward concerned.
2. (3) 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.

(1) The Court shall declare the election of the returned candidate to be void, 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
   • (iii) 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 any rules or orders made thereunder.

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 (Central Act 5 of 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,- (a) dismissing the election petition; or (b) declaring the election of all or any of the returned candidates to be void; or (c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected. (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 the petitioner 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; or (c) 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. (3) 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 court shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.

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 the petitioner 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; or
   • (c) 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.
2. (3) 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 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 or City Civil Court under section 46 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. (a) '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. (b) 'under influence' as defined in clause (2) of the said section for the time being in force;
3. (c) 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;

1. (d) 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;
2. (e) 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;
3. (f) 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, 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 own cost for the purpose of going

to or coming from any such polling station shall not 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. (g) 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 City Corporation;

1. (h) any other practice which the Government may by rules specify to be a corrupt practice.

Any person who in connection with an election under the 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) No person shall convene, hold or attend any public meeting within any ward within 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 ward.

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

(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 one lakh rupees.

1. (2) This section shall apply to any public meeting in connection with City Corporation elections held in any ward between the date of the issue of a notification fixing the date of the poll to elect a Councillor or Councillors and the date on which the election is held.
2. (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. (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. (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. (3) 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 one lakh rupees or with both.

(1) Every officer, employee, 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 authorized by or under any law, communicate to any person any information calculate to violate such secrecy.

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.

(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; (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 one lakh rupees. (3) An offence punishable under this section shall be cognizable.

1. (a) Canvassing for votes;
2. (b) Soliciting the vote of any voter; or
3. (c) Persuading any voter not to vote for any particular candidate; or
4. (d) Persuading any voter not to vote at election; or
5. (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 one lakh rupees.
2. (3) An offence punishable under this section shall be cognizable.

(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 officers and other person 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, on conviction, be punished with imprisonment for a term which any 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. 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. (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. 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.

If any person is guilty of any such corrupt practice as is specified in section 48 of this Act, 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) This section shall apply to 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) This section shall apply to 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

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.

(1) Any person who at any election fraudulently takes or attempts to take an electronic voting machine out of a polling 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. (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 electronic 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.
3. (4) An offence punishable under sub-section (1) shall be cognizable. Explanation: In this Chapter, any reference to electronic voting machine shall also be construed as reference to ballot paper or ballot box wherever the

Other offences and penalties therefor.- (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 electronic voting machine or the official mark on any voting machine;
4. (d) without due authority supplies any electronic voting machine to any person or receives any electronic voting machine from any person or is in possession of any ballot paper or voting machine;
5. (e) fraudulently puts into any electronic voting machine anything other than the control unit, ballot unit and voter verified paper audit trail (VVPAT) which he is authorized by law to put in; or
6. (f) without due authority destroys, takes, opens or otherwise interferes with any voting machine then in use for the purposes of the election; or
7. (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 cognizable.

No court shall take cognizance of any offence under section 60 or under clause (a) of sub-section

1. (2) of section 61, unless there is a complaint made by order of, or under

authority from, such officer as may be prescribed.

Every person whose name is in the electoral roll shall, be qualified to vote at the election of a Counsellor for the ward to which such role pertains, unless disqualified under any law for the time being in force.

(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 authorized 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 City 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. (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.

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 authorized 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 City 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.

If the State 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.

Voting machines at elections.- Notwithstanding anything contained in this Act or the rules made there under, 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.

The Government shall prescribe such rules or regulations to regulate all or any of the matters for the purpose of holding elections of councillors, Mayor, Deputy Mayor and Chairperson of Standing Committees.

Prohibition of simultaneous membership.- (1) If a person is elected for more than one ward in the City Corporation, 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 ward 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), in case the candidate is elected from more than one ward within a single City Corporation, the Commissioner, shall determine by lot and notify one ward from which such candidate shall serve.
2. (3) The said person shall be deemed to have been elected only for the seat from the ward so chosen or notified, as the case may be, and the vacancies there by arising in respect of the other seat or seats shall be filled by fresh election.
3. (4) If a person who is chosen as a Councillor of a ward is or becomes a member of either house of the Parliament, either house of the State Legislature, or is or becomes a Municipal Councillor or a Councillor of a City Corporation other than Greater Bengaluru area or a Councillor of a Municipality, or a Town Panchayat, or a member of a Zilla Panchayat or Grama Panchayat then at the expiration of a period of fifteen days from the date of notification of the names of the members under this Act, or as the case may be, within fifteen days from the date of commencement of term of office of a member of either house of the Parliament, either house of the State Legislature or a Municipal Councillor or a Councillor of a City Corporation other than the Greater Bengaluru Area or a Councillor of a Town Panchayat or a member of a Zilla Panchayat or Grama

Panchayat,his seat in the Greater Bengaluru Area shall become vacant unless he has previously resigned his seat in either house of the Parliament, either house of the State Legislature, the Municipal Council, the City Corporation other than Greater Bengaluru Area, Town Panchayat, Zilla Panchayat or

Requisitioning of premises, vehicle, etc., for election purpose.- (1) If it appears to a Commissioner or an officer authorised by the State Election Commission for the conduct of elections to the City Corporation under this Act (hereinafter referred to as "the requisitioning authority") that in connection with an election under this Act,-

1. (a) any premises is needed or is likely to be needed for the purpose of being used as a polling station or for the storage of ballot boxes after a poll has been taken; or
2. (b) any vehicle, vessel or animal is needed or is likely to be needed for the purpose of transport of ballot boxes to or from any polling station or transport of members of the police force for maintaining order during the conduct of such election, or transport of any officer or other person for performance of any duties in connection with such election, -the requisitioning authority may by order in writing requisition such premises, or as the case may be, such vehicle, vessel or animal and may make such further orders as may appear to it to be necessary or expedient in connection with the requisitioning: Provided that, no vehicle, vessel or animal which is being lawfully used by a candidate or his agent for any purpose connected with the election of such candidate shall be requisitioned under this sub-section, until the completion of the poll at such elections.

1. (2) The requisitioning shall be effected by an order in writing addressed to the person deemed by the requisitioning authority to be the owner or person in possession of the property, and such order shall be served in the manner prescribed on the person to whom it is addressed.
2. (3) Whenever any property is requisitioned under sub-section (1), the period of such requisitioning shall not extend beyond the period for which such property is required for any of the purposes mentioned in that sub-section.
3. (4) In this section,-
   • (a) "premises" means any land, building or part of a building and includes a hut, shed or other structure or any part thereof;
   • (b) "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise.

(1) Whenever in pursuance of section 70, the requisitioning authority requisitions any premises, the City Corporation shall pay compensation to the persons interested, the amount of which shall be determined by the requisitioning authority by taking into consideration the following factors, namely:-

1. (i) the rent payable in respect of the premises, or if not rent is so payable, the rent payable for similar premises in the locality;
2. (ii) if in consequence of the requisitioning of premises, the person interested is compelled to change his residence or place of business, the reasonable expenses, if any, incidental to such change: Provided that, when any person interested being aggrieved by the amount of compensation so determined makes an application to the requisitioning authority within thirty days of the order under sub-section (1) the matter shall be referred by the requisitioning authority to the Civil Judge/City Civil Judge having jurisdiction in the locality and the amount of compensation to be paid shall be such as the Civil Judge/City Civil Judge may determine. Explanation: In this sub-section, the expression "person interested" means the person who was in the actual possession of the premises requisitioned immediately before the requisitioning or where no person was in such actual possession, the khatadar of such premises.

1. (2) Whenever in pursuance of section 73, the requisitioning authority requisitions any vehicle, vessel or animal, the City Corporation shall pay to the owner thereof compensation, the amount of which shall be determined by the

requisitioning authority on the basis of fares or rates prevailing in the locality for the hire of such vehicle, vessel or animal: Provided that where the owner of such vehicle, vessel or animal being aggrieved by the amount of compensation so determined, makes an application within thirty days to the requisitioning authority, the matter shall be referred to the Civil Judge/City Civil Judge having jurisdiction in the locality and the amount of compensation to be paid shall be such as the Civil Judge/City Civil Judge may determine. Provided further that where immediately before the requisitioning the vehicle or vessel was by virtue of a hire purchase agreement in the possession of a person other than the owner the amount determined under this sub- section as the total compensation shall be apportioned between that person and the owner in such manner as they may agree upon and in default of agreement in such manner as an arbitrator appointed by the requisitioning authority in this behalf may decide.

The requisitioning authority may with a view to requisitioning any property under section 70, or determining the compensation payable under section 71 by order require any person to furnish to such authority as may be specified in the order such information in his possession relating to such property as may be specified.

(1) Any person authorised in this behalf by the requisitioning authority may enter into any premises and inspect such premises and any vehicle, vessel or animal therein for the purpose of determining whether, and if so in what manner an order under section 70 shall be made in relation to such premises, vehicle, vessel or animal or with a view to securing compliance with any order made under that section. (2) In this section the expression "premises" and "vehicle" have the same meaning as in section 70.

1. (2) In this section the expression "premises" and "vehicle" have the same meaning as in section 70.

(1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 70, may be summarily evicted from the premises by any officer empowered by the requisitioning authority in this behalf. (2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

1. (2) Any officer so empowered may, after giving to any woman not appearing in public, reasonable warning and facility to withdraw, remove or open any lock or bolt or break open any door of any building or do any other act necessary for effecting such eviction.

(1) When any premises requisitioned under section 70, are to be released from requisitioning the possession thereof shall be delivered to the person from whom possession was taken at the time of the requisition or if there was no such person, to the person deemed by the requisitioning authority to be the khatadar of such premises and such delivery of possession shall be a full discharge of the requesting authority from all liabilities in respect of such delivery but shall not prejudice any rights in respect of the premises which any other person may be entitled by due process of law to enforce against the person to whom possession of the premises is so delivered.

1. (2) Where the person to whom possession of any premises requisitioned under section 70, is to be given under sub-section (1) cannot be found or is not readily ascertainable or has no agent or any other person empowered to accept delivery on his behalf, requisitioning authority shall cause a notice declaring that such premises are released from the requisitioning to be affixed on some conspicuous part of such premises and on the notice board of the office of the City Corporation.
2. (3) When a notice is affixed on the notice board as provided in sub- section (2), the premises specified in such notice shall cease to be subject to requisitioning on and from the date of such affixing of the notice and be deemed to have been delivered to the person entitled to possession thereof and the requisitioning authority or City Corporation shall not be liable for any compensation or other claim in respect of such premises for any period after the said date.

If any person contravenes any order made under section 70, or section 73, he shall on conviction be punished with imprisonment for a term which may extend to one year or with fine or with both.