Chapter IV ELECTION OF COUNCILLOR

Holding of general election:

1. (1) A general election of the councillors shall be completed-
   • (a) for the purpose of constituting new municipality, as soon as may be, but not later than one year after the publication of the notification under section 6;
   • (b) for the purpose of subsequent general election, before the expiry of the term of office of councillors under section 22;
   • (c) for reconstituting a municipality on the dissolution of a municipality, within six months of the date of its dissolution.
2. (2) Each ward of a municipal area shall elect a councillor during the general election.
3. (3) The names of all elected councillors shall be published in the official gazette soon after the results are declared. The names of the appointed members under clause (b) of sub-section (1) of section 12 shall be published in the official gazette so after the appointment is made.

Election of the Municipality: The superintendence, direction and control of the preparation of the electoral rolls for, and conduct of, all elections to the Municipalities shall vest in the State Election Commission which shall perform its functions in accordance with this Act and such rules as the State Government may make from time to time.

Electoral roll for a municipal ward:

1. (1) For every municipal ward, there shall be an electoral roll showing the names of persons qualified to vote.
2. (2) The electoral roll for every municipal ward may be divided into several parts for different localities within the ward.
3. (3) The electoral roll for a municipal ward shall be prepared, revised or corrected by the State Election Commission in accordance with the provision of this Act and such rules as may be made by the State Government in this behalf: Provided that there shall be a preliminary publication of such electoral roll after preparation or revision, to be followed by final publication after disposal of claims and objections in the manner prescribed:

Condition for registration as a voter:

1. (1) Every person who-
   • (a) is not less than 18 years of age on the qualifying date, and
   • (b) is ordinarily resident in a municipal area, shall be entitled to be registered in the electoral roll for that municipal area.
2. (2) No person shall be entitled to be registered in the electoral roll for any municipal area in more than one place.
3. (3) No person shall be entitled to be registered in the electoral roll for any municipal area if his name has already been registered as a voter in the electoral roll of any other municipal area, municipal corporation or panchayat area. Explanation I - The expression "qualifying date" means the first day of January of the year in which the electoral roll is prepared.

Disqualification for registration in an electoral roll Disqualification for registration in an electoral roll:

Appeal Appeal: Any person aggrieved by any entry in, or omission from, the electoral roll or by the order of decision of the State Election Commission, may, within fifteen days from the date of final publication of the electoral roll or from the date of the decision or the order of the State Election Commission, as the case may be, appeal to such appellate authority as the State Government may by notification appoint and if, on such appeal, the said appellate authority directs any modification or addition to be made in the electoral roll or the decision or the order of the State Election Commission, the electoral roll shall accordingly be corrected or the decision or the order shall be modified, as the case may be.

Offences in respect of electoral roll Offences in respect of electoral roll:

1. (1) Every person who by claiming a qualification, which he knows that he does not possess, to vote at a municipal election or by using a false document or by a false declaration or by any other deceitful means, procures or attempts to procure the improper entry of the name, whether of himself or of any other person, into the electoral roll or the improper omission of any name therefrom, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.
2. (2) Every municipal officer or employee or polling officer who wilfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both.

Right to vote: Save as otherwise provided in this Act, every person whose name is included in the electoral roll which is in force after final publication, shall be entitled to vote at an election for the ward where his name is so included.

Qualifications for election as a Councillor:

General disqualifications for a Councillor General disqualifications for a Councillor:

1. (1) A person shall not be eligible for election or appointment as a Councillor if such person-
   • (a) has been adjudged by a competent court to be of unsound mind; or
   • (b) is under twenty-one years of age; or
   • (c) is an undischarged insolvent; or
   • (d) being a discharged insolvent, has not obtained from the court a certificate that his insolvency was caused by misfortune without any misconduct on his part; or
   • (e) holds any office of profit under the Municipality; or
   • (f) has, directly or indirectly by himself or by his partner or employer or any employee, any share or interest in any contract or employment with, by, or on behalf of, the Municipality; or
   • (g) is in the service of, or receives remuneration from, the Central or the State Government or the Municipality; or
   • (h) has been elected to, or appointed under, any other Municipality or any Panchayat: Provided that notwithstanding anything contained in clause (f), no person shall be deemed to be disqualified thereunder by reason only of his having a share or interest in-
     • (i) any lease, sale or purchase of land or any agreement for the same; or
     • (ii) any agreement for the loan of money or any security for the payment of money only; or
     • (iii) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted; or
     • (iv) any incorporated or registered company which contracts with, or is employed by, the Municipality.
2. (2) If any person is or has been convicted by a criminal court of an offence, punishable with imprisonment for a period of not less than two years, such person shall not be eligible for election or appointment as a Councillor for five years from the date of expiration of the sentence.
3. (3) If any question arises as to whether any person or any Councillor has become subject to any of the disqualifications mentioned in sub-section (1) and sub-section (2), the question shall be referred for decision to such authority and in such manner as may be notified by the State Government from time to time.

Election of ineligible persons and disqualifications subsequently incurred:

1. (1) Where a person elected to be a Councillor was not eligible for such election on account of any disqualification referred to in section 34 or section 35 or where a person incurs such disqualification subsequent to his election as Councillor, the election of such person shall be void upon the State Government making a declaration to that effect: Provided that no such declaration shall be made if the question of such disqualification was on account of his election petition presented under this Chapter.
2. (2) No act done by a Councillor as aforesaid while remaining in office, shall be invalid on account of his election being declared void subsequently.
3. (3) The casual vacancy arising out of any election being declared void under this section shall be filled up in accordance with the provision of this Act.

Voting: The manner of holding elections and of voting shall be such as may be prescribed: Provided that-

1. (i) when a poll is taken at any election of a Councillor, the voting at such election shall be by ballot to be conducted in the manner prescribed, and
2. (ii) no person shall be entitled to give more than one vote to any one candidate.

Corrupt practices: A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the People Act, 1951 (43 of 1951).

Penal provision for corrupt practices:

Prosecution and appeal Prosecution and appeal:

1. (1) No Magistrate other than a Judicial Magistrate of the first class shall take cognizance of any offence under this Chapter,-
   • (a) except on the complaint of a person whose name is on the electoral roll;
   • (b) unless such complaint has been made within fourteen days of-
     • (i) the date of declaration of the result of any election to which the offence relates, or
     • (ii) the date on which the offence is alleged to have been committed; and
   • (c) in the case of an offence of corrupt practice, unless the person complaining shall have deposited one hundred rupees: Provided that deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if, for any other reason, the Magistrate or the Court of Sessions so directs.
2. (2) An appeal shall lie to the Court of Sessions from any conviction under this section.

Orders of disqualification: Every person convicted of an offence under this chapter shall be disqualified from being elected in any election to which this Act applies and from holding the office of the Chairman or the Councillor under this Act for such period, not being less than three years or more than six years from the date of his conviction, as the Court may by order determine.

Election petition and procedure:

1. (1) If the validity of any election of a Councillor is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration of the result of the election, file a petition before the District Magistrate of the district within which the election has been or should have been held and shall, at the same time, deposit two hundred rupees in the Court as security for the cost likely to be incurred: Provided that the validity of such election shall not be called in question in any such petition-
   • (a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll; or
   • (b) on the ground that the name of any person not qualified to vote has been inserted in the electoral roll: Provided further that if only two candidates contested such election, the petitioner may, in addition to calling in question the election of the returned candidate, claim that if the election of the returned candidate is set aside, the other candidate may be declared duly elected.
2. (2) The provisions of the Code of Civil Procedure, 1908 (5 of 1908), shall apply, as far as may be, in the matter of adjudication of an election petition under sub-section (1).

Setting aside of election: If the District Magistrate, after holding such inquiry as he deems fit in respect of an election petition, is satisfied that-

1. (a) a candidate has committed any corrupt practice within the meaning of this Chapter, or
2. (b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or
3. (c) the result of the election has been vitiated by any offence punishable under this Act or any law for the time being in force he shall set aside the election of such candidate, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of a fresh election caused by such setting aside: Provided that if the District Magistrate in setting aside the election holds a candidate guilty of any corrupt practice, he may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years.

Scrutiny of votes and declaration or confirmation of result:

1. (1) If the election petition is confined to the question of validity of votes cast or counting, the District Magistrate shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.
2. (2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the District Magistrate may, while deciding upon the election petition, declare such candidate duly elected.
3. (3) If after computation, there be an equality of votes, among two or more candidates, the District Magistrate shall select one among them by drawing lots.
4. (4) If the District Magistrate is satisfied that no ground exists for setting aside the election or modifying the result thereof, he shall confirm the election.

Bar to jurisdiction of Courts: Save as provided in this Chapter, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.

Fresh election when an election is set aside:

Saving of acts done by a Councillor before his election is set aside Saving of acts done by a Councillor before his election is set aside: Where a candidate, who has been elected to be a Councillor, is declared by the District Magistrate to have not been duly elected, no act done by him by virtue of the office of Councillor before such declaration, shall be invalidated by reason of such declaration.

Power of State Government to remove disqualifications or modify terms thereof: Notwithstanding anything contained elsewhere in this Chapter, the State Government may, for reasons to be recorded in writing, remove any disqualification imposed on a candidate from contesting an election to a Municipality if, in its opinion, the offence does not involve moral turpitude, or may reduce the term of disqualification in any case whatsoever.