Chapter XXIII STATE ELECTION COMMISSION AND STATE FINANCE COMMISSION

State Election Commission:

1. (1) With effect from such date as the State Government may by notification, appoint, there shall be a Commission, to be called the Mizoram State Election Commission, consisting of a State Election Commissioner appointed by the Governor under clause (1) of article 243K of the Constitution.
2. (2) If-
   • (a) the State Election Commissioner is, by reason of leave, illness or other cause, temporarily unable to exercise the powers and perform the duties of his office, or
   • (b) a vacancy occurs in the office of the State Election Commissioner by reason of death, resignation or expiry of the term of his office, removal or otherwise, then, the Governor shall, by notification, designate an officer of the State Government who shall act as the State Election Commissioner during the period of such temporary inability or pending the appointment of a State Election Commissioner, as the case may be.
3. (3) The functions of the Commission may, subject to such general or special directions, if any, as may be given by the Commission in this behalf, be performed also by such officers of the Commission as the State Election Commissioner may, by order, specify.

Elections to the Municipalities:

1. (1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Municipalities shall vest in the State Election Commission:
2. (2) Notwithstanding anything contained anywhere in this Act, for the purpose of the first election to a new municipality, the electoral rolls for the time being in force for the election to Members of Legislative Assembly/Parliament from Assembly/Parliamentary constituencys of Mizoram, so far as they relate to the area comprised in such municipality, may be adopted as the electoral roll for that municipal area for such election, to such extent and in such manner as the State Election Commissioner may, with the permission of the State Government, by order specify.
3. (3) Subject to the provisions of sub-section (1), all matters relating to, or in connection with, elections to the Municipalities shall be regulated in accordance with the provisions of this Act and the rules made thereunder.

Appointment of officers for preparation of electoral rolls for election to Municipalities: For the purpose of preparation of electoral rolls for election to Municipalities in accordance with the provisions of section 28, 29, 30, 31 and 32 and the Rules made under this Act, the State Election Commissioner shall, in consultation with the State Government, appoint an officer of the State Government to be the Municipal Electoral Registration Officer for one or more Municipalities, and such number of officer of the State Government as may be necessary to be the Assistant Municipal Electoral Registration Officers, for one or more Municipalities.

Appointment of officers for preparation for, and conduct of election to Municipalities:

1. (1) For the purpose of preparation for, and conduct of election to the Municipalities in accordance with the provision of this Act and the Rules made thereunder, the State Election Commissioner shall, in consultation with the State Government, appoint such officer of the State Government to be the-
   • (a) District Municipal Election Officer for every district, and
   • (b) Municipal Returning Officer for one or more Municipalities.
2. (2) Subject to the direction and control of the State Election Commissioner, the District Municipal Election Officer shall appoint such number of officers of the State Government to be the Assistant Municipal Returning Officers for one or more Municipalities.
3. (3) Subject to such rules as may be made by the State Government in this behalf, the Municipal Returning Officer shall appoint such number of persons to be the-
   • (a) Presiding Officer, and
   • (b) Polling Officer, as may be necessary for holding elections or bye-elections to a Municipality: Provided that no person who has been employed by or on behalf of, or has otherwise been working for, candidate in or about the election or bye-election to a Municipality, shall be appointed to be the Presiding Officer or Polling Officer for holding such election or bye-election, as the case may be.

Staff of State Election Commission:

1. (1) The State Election Commission shall have such staff, made available to it by the Governor when so requested by it, as may be necessary for the discharge of the functions conferred on it by sub-section (1) of section 4 and sub-section (1) of section 5.
2. (2) The terms and conditions of service of the members of the staff made available to the State Election Commission by the Governor shall be regulated in accordance with the rules regulating the terms and conditions of service of the employees of the State Government for the time being in force.

Fixing date and time for poll: The State Government shall, in consultation with the State Election Commission, by notification, fix the date or dates on which, and the hours during which, the poll will be taken:

Grant by State Government Grant by State Government:

1. (1) The State Government shall, under appropriation made by the State Legislative by law in this behalf, pay to the State Election Commission by way of grant such sums of money and in such manner as the State Government may think fit for being utilised for the purposes of this Act.
2. (2) The State Election Commission may spend such sums of money as it thinks fit for performing the functions under this Act, and such sums of money shall be treated as expenditure payable out of the grant referred to in sub-section (1).

State Finance Commission:

1. (1) The Governor shall constitute every five year a State Finance Commission to review the financial position of the Municipalities at all levels and to make recommendation to the Governor as to-
   • (a) the principles which should govern-
     • (i) the distribution between the Government and the Municipalities of the net proceeds of the taxes, duties, tolls and fees leviable by the Government which may be divided between them under this Act and allocation between the Municipalities at all levels, of their respective shares of such proceeds;
     • (ii) the determination of the taxes, duties, tolls, rates and fees which may be assigned to or appropriated by the Municipalities;
     • (iii) the grants-in-aid to the Municipalities from the consolidated Fund of the State;
   • (b) the measures needed to improve the financial position of the Municipalities; or
   • (c) any other matter referred to the State Finance Commission by the Governor in the interest of sound finance of the Municipalities.
2. (2) The State Finance Commission shall consist of two or more members of whom one shall be the Chairman.
3. (3) To be appointed as a Chairman or a member of the State Finance Commission, a person must possess such qualifications or experience as the Government may, by rules, prescribe.
4. (4) The Finance Commission shall determine its procedure and shall have such powers in the performance of their functions as the Government may, by rules, prescribe.
5. (5) The Chairman or a member of the State Finance Commission may resign his office by writing under his hand and addressed to the Governor but he shall continue in Office until his resignation is accepted by the Governor.
6. (6) The casual vacancy created by the registration of the Chairman or a member under sub-section (5) or for any other reason may be filled up by fresh appointment and the Chairman or the member so appointed shall hold Office for the remaining period for which the Chairman or the member in whose place he was appointed would have held Office.
7. (7) The State Finance Commission shall have the following powers in the performance of its functions, namely-
   • (a) to call for any record from any officer or authority;
   • (b) to summon any person to give evidence or produce any record; and
   • (c) such other powers as may be assigned to it by the Governor.
8. (8) The Governor shall cause every recommendation made by the State Finance Commission under this Section, together with an explanatory memorandum as to the action taken thereon to be laid before the Legislative Assembly of Mizoram.