The Greater Hyderabad Municipal Corporation Act, 1955
Chapter II Chapter II
Chapter II Chapter II
4. The Municipal Constitution.
Municipal authorities charged with the execution of the Act The Municipal authorities charged with carrying out the provisions of this Act are:—
- (a) a Corporation;
- (b) a Standing Committee;
- (c) a Commissioner; 23[(d) the Wards Committee.]
Chapter II Chapter II
5. Composition of Corporation
24[(1) Subject to the provisions of sub-section (2) the Corporation shall consist of such number of elected members as may be notified from time to time by the Government in the *Telangana Gazette, in accordance with such principles as may be prescribed.]
25[(1A) Every member of the Legislative Assembly of the State and every member of the House of the People representing a 26[constituency] of which the Corporation or a portion thereof forms part, 27[and every member of the Council of the State registered as an elector within the area of the Municipal Corporation 28[and every Member of the Legislative Council of the State registered as an elector within the area of the Municipal Corporation 29[XXX]] shall be ex-officio councillor of the Corporation]:
Provided that a Member of the Legislative Assembly or a Member of the House of the People representing a 30[constituency] which comprises a portion of the Corporation and a part of any municipality or municipalities, shall be ex-officio Councillor of either the Corporation or of one such municipalities, which he chooses; and he shall also have the right to take part in the proceedings of any meetings of the other municipal councils or Corporation, as the case may be, within the 30[constituency], but shall not be entitled to vote at any such meeting.]
31[(1-B) In addition to the members referred to in sub-sections (1) and (1-A) three persons having special knowledge or experience in Municipal Administration of whom one shall be woman, be co-opted as members of the Corporation in the prescribed manner by the members of the Corporation from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age:
Provided that the members co-opted under this sub-section shall have the right to speak in and otherwise to take part in the meetings of the Corporation but shall not have right to vote.
(1-C) Two persons belonging to the minorities of whom one shall be woman be co-opted as members of the Corporation in prescribed manner by the members of the Corporation specified in sub-sections (1) and (1-A) from among the persons who are registered voters in the Corporation and who are not less than twenty-one years of age:
Provided that the members co-opted under this sub-section shall have the right to speak in and otherwise to take part in the meetings of the Corporation but shall not have right to vote.]
32[(1-D)] No person shall be a member in more than one of the categories specified in 33[sub-sections (1), (1A), (1B) and (1C)]. A person who is or becomes a member of the Corporation in more than one such category shall, by notice in writing signed by him and delivered to the Commissioner, within fifteen days from the date on which he so becomes a member, intimate in which one of the said categories he wishes to serve, and thereupon he shall cease to be the member in the other category. In default of such intimation within the aforesaid period, his membership in the Corporation in the category acquired earlier shall, and his membership acquired later in the other category shall not, cease at the expiration of such period. The intimation given under this sub-section shall be final and irrecoverable.
34[(2) In the Corporation out of the total strength of elected members, the Government shall, subject to the rules as may be prescribed, by notification reserve,-
- (a) such number of seats to the Scheduled Castes and Scheduled Tribes as may be determined by them, subject to the condition that the number of seats so reserved shall bear, as nearly as may be, the same proportion to the total number of seats to be filled by direct election to the Corporation, as the population of the Scheduled Castes, as the case may be, the Scheduled Tribes in the Corporation bears to the total population of the Corporation; and such seats may be allotted by rotation to different wards in the Corporation;
- (b) one third of the seats for the members belonging to the Backward Classes; and such seats may be allotted by rotation to different Wards in the Corporation; 35[XXX]
- (c) not less than one-third of the total number of seats reserved under clauses (a) and (b) for women belonging to the Scheduled Castes, Scheduled Tribes or as the case may be, the Backward Classes;
- (d) not less than one third (including the number of seats reserved for women belonging to the Scheduled Castes, Scheduled Tribes and Backward Classes) of the total number of seats to be filled by direct election to the Corporation shall be reserved for women and such seats may be allotted by rotation to different Wards in a Corporation.] 36[(2-A) [XXX]] 37[(3) [XXX]] 38[Explanation:- In this section,-
- (i) the expression ̳Scheduled Castes‘ and ̳Scheduled Tribes‘ shall have the same meanings respectively assigned to them in clause (24) and clause (25) of article 366 of the Constitution of India;
- (ii) the expression ̳Backward Classes‘ means any socially, and educationalIy Backward Classes of citizens recognised by the Government for purposes of clause (4) of article 15 of the Constitution of India, 39[without reference to the classification but including the creamy layer amongst such Backward Classes of citizens]. 40[(iii) [XXX]]
Chapter II Chapter II
6. Term of office of Members
41[(1) The term of office of elected #[members] shall, save as otherwise expressly provided in this Act, be five years from the date appointed for the first meeting of the Corporation under clause (b) of section 88 and the last day of their term of office is in this Act referred to as the day for retirement.]
42[(3) An ex-officio #[Member] shall hold office so long as he continues to be the member of the Legislative Assembly of the State or the Legislative Council of the State or the House of the People, as the case may be.]
Chapter II Chapter II
7. Elections when to be held
- (1) Every general election requisite for the purpose of this Act shall be held 43[XXX] in the manner prescribed, within three months before the day for retirement of the Councillors as specified in section 6. 44[(2) Every casual vacancy in the office of an elected member of a Municipal Corporation shall be reported by the Commissioner to the State Election Commission within fifiteen days from the date of occurrence of such vacancy and shall be filled within four months from that date.
- (3) A member elected in a casual vacancy shall enter upon office forthwith but shall hold office only so long as the member in whose place he is elected would have been entitled to hold office if the vacancy had not occurred.
- (4) No casual election shall be held to a Municipal Corporation within six months before the date on which the term of office of its members expires by efflux of time.]
Chapter II Chapter II
8. Division of Corporation into wards etc., for the purpose of election of Members
45[8. 46[(1) For the purpose of election of members of the Corporation, the Government shall, by notification in the *Telangana Gazette, divide the City into as many wards as the number of members notified under sub-section (1) of section 5 in such manner as may be prescribed:]
47[(2) [XXX]]
- (3) Where a notification issued under sub-section (1) results in the material alteration of the existing #[ward] of the city into #[wards], the Government may direct that the alteration shall take effect from the date of next ordinary elections.
- (4) Where any local area within the jurisdiction of any other local authority is included in the city 48[XXX] the local area shall be added to such adjoining #[ward] or #[wards] of the city as the Government may direct. 49[(4A) Where any local area comprised in a Gram Panchayat constituted under the 50Andhra Pradesh Gram Panchayats Act, 1964 is included in a Corporation, the Government may direct that the electoral roll relating to the said local area shalI be adopted suitably for the purpose of elections under this Act, until an electoral roll for such area is prepared in accordance with the provisions of this Act.]
- (5) When a new #[ward] is formed or when an existing #[ward] is abolished, the Commissioner shall with the approval of the Government determine-
- (a) the #[ward] which each elected #[member] then in the Corporation shall be deemed to represent; and
- (b) the #[ward] or #[wards] in which elections shall be held to fill up the vacancies, if any, in the Corporation.]
Chapter II Chapter II
8A. Constitution, composition and functions, rights of Ward Committee, etc
- (1) There shall be constituted a Ward Committee for each Ward of Municipal Corporation within three months from the date as may be notified.
- (2) Each Ward Committee shall constist of,-
- (i) the member of the Municipal Corporation representing the Ward, who shall be the Chairperson of the Ward Committee;
- (ii) not more than ten electors representing the civil society from the ward, to be nominated by the Municipal Corporation in such manner as may be prescribed: Provided that if the population of the ward is not more than ten thousand, the number of nominated members shall be four, and thereafter, there shall be one additional member for every four thousand population or part thereof: Provided further that in reckoning the number of additional members of the Ward Committee exceeding four, any part of less than two thousand population may be ignored: Provided also that half of the persons to be nominated to the Ward Committee shall be women;
- (iii) the Area Sabha Representatives. Explanation:- For the purposes of this section and section 8B, civil society menas any non-governmental organization or association of persons, established, constituted or registered under any law for the time being in force and working for social welfare, and includes any community based organization, residents welfare association, professional institution and civic, health, educational institution, social or cultural body or any trade or industrial organization, other stakeholders and such other association or body, as may be prescribed by the Government.
- (3) A person shall be disqualified for being nominated as a member of the Ward Committee or to continue as such member, if under the provisions of the Act, for the time being in force, he would be disqualified for being elected as a member of a Municipal Corporation.
- (4) The term of office of Ward Committee shall be co-terminus with the term of office of the Municipal Corporation.
- (5) The manner of conduct of business at the meetings of the Ward Committee shall be such as may be prescribed.
- (6) The Ward Committee shall discharge the following functions, namely:-
- (i) Supervision over:-
- (a) sanitation work and drainage maintenance;
- (b) distribution of water supply;
- (c) working of the street lights;
- (d) minor repair of roads;
- (e) maintenance of markets;
- (f) maintenance of parks and playgrounds;
- (g) Implementation of poverty alleviation programmes;
- (ii) Monitoring the functioning of schools, maternity centers, dispensaries and health centers wherever they are under control of the Municipal Corporation;
- (iii) Facilitation in the collection of taxes and non-taxes;
- (iv) Preparation of list of beneficiaries for beneficiary oriented schemes, pensions and subsidies;
- (v) prepare an annual ward development plan in a manner consistent with the rules to be prescribed;
- (vi) map the ward infrastructure index;
- (vii) Preparation of inventory of municipal assets;
- (viii) assistance in the implementation of all Government schemes; and
- (ix) any other function as may be prescribed.
- (7) Every Ward Committee shall have the following rights, namely:-
- (i) to seek information from the Commissioner regarding any matter relating to the ward;
- (ii) to obtain information about the master plan and Zonal Developmental Plan of the Municipal Corporation;
- (iii) to obtain full Municipal Corporation budget;
- (iv) to be consulted in the development of land use and zoning regulations within the ward;
- (v) to obtain full details of all revenue items relating to the ward. (8)
- (a) The Corporation shall allocate twenty percent of the amount earmarked in the annual budget of the Municipal Corporation for maintenance of services namely, sanitation, water supply and drainage, roads, street lightings, parks, markets to all ward committees for attending to the functions specified above;
- (b) The utilization of funds by Ward Committees for maintenance of civic services and all matters related thereto shall be such as may be prescribed.
- (9) The Ward Committee may, from time to time, appoint from amongst the members such sub-committees consisting of such number of members as it may think fit and may refer to such sub-committees for enquiry or opinion on any matter relating to the functions entrusted to the Ward Committee.
Chapter II Chapter II
8B. Constitution of Area Sabha, representatives of Area Sabha and their qualifications, functions, duties etc
- (1) Each ward in a Corporation shall be divided into such number of areas based on the population, so however, that each such area as far as possible shall consist of not less thatn two thousand and not more than five thousand population.
- (2) There shall be an Area Sabha for each such area with all the electors in the jurisdiction of the area. There shall be an Area Sabha Representative for each area to be nominated by the Municipal Corporation from the representatives of the civil society as may be prescribed.
- (3) The qualifications and disqualifications prescribed for getting elected as member of Municipal Corporation and for holding the office as Member of Municipal Corporation under the relevant provisions of the Act shall apply mutatis mutandis for the representative of the Area Sabha.
- (4) The term of the representative of the Area Sabha shall be ordinarily co-terminus with that of the Municipal Corporation concerned.
- (5) An Area Sabha may, having regard to its managerial, technical, financial and organizational capacity and the actual conditions obtaining in the ward area, perform and discharge the following functions and duties, namely:-
- (i) to generate proposals and determine the priority of schemes and development programmes to be implemented in the Area Sabha and forward the same to Ward Committee for inclusion in the development plan of the Ward Committee;
- (ii) to identify the most eligible persons for beneficiary oriented schemes on the basis of criteria fixed by the Government and prepare the list of beneficiaries in order of priority and forward the same to Ward Committee for inclusion in the development plan of the Ward Committee;
- (iii) to verify the eligibility of persons getting various kinds of welfare assistance from Government such as pensions and subsidies;
- (iv) to identify the deficiencies in water supply, street lighting and sanitation arrangements in the jurisdiction of the Area Sabha and to suggest the remedial measures to the Ward Committee;
- (v) to suggest the location of street lights, public taps, public wells, public toilets to the Ward Committee;
- (vi) to assist in the activities of public health centres in the area; and
- (vii) to undertake and support tax mapping.
- (6) The Area Sabha, subject to the rules as may be prescribed in this regard, shall exercise the following rights, namely:-
- (i) to get information from the officials concerned as to the services they will render and the works proposed to be executed in the area in the succeeding period of three months after the meeting of the Ward Committee;
- (ii) to be informed by the Ward Committee about every decision taken by them concerning the jurisdiction of the Area Sabha;
- (iii) to be informed by the Ward Committee of follow up action taken on the decisions concerning the jurisdiction of the area;
- (iv) to cooperate with the Ward Committee in the provision of sanitation arrangements in the area; and
- (v) to impart awareness on matters of public interest such as cleanliness, preservation of the environment and prevention of pollution.
- (7) The manner of the conduct of the business at the meetings of Area Sabha shall be such as may be prescribed.
Chapter II Chapter II
9. State Election Commission
The preparation of electoral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission.
Chapter II Chapter II
10. Powers and functions of the State Election Commissioner
- (1) All elections to the Municipal Corporations shall be held under the supervision and control of the State Election Commission and for this purpose it shall have power to give such directions as it may deem necessary to the Commissioner of the concerned Municipal Corporation, District Collector or any officer or servant of the Government and the Municipal Corporation concerned institutions so as to ensure efficient conduct of the elections under this Act.
- (2) The preparation of electrol rolls for the conduct of all elections under the Act shall be done under the supervision and control of the State Election Commission.
- (3) For the purposes of this section the Government shall provide the State Election Commission with such staff as may be necessary.
- (4) On the request of the State Election Commission, the State Government shall place at the disposal of the Commission such staff of the State Government and the Municipal Corporations for the purpose of conduct of elections under this Act.
- (5) The State Election Commissioner may, subject to control and revision, delegate his powers to such officers as he may deem necessary.
- (6) The State Election Commission shall issue the notification and schedule for general election and elections for casual vacancies in Greater Hyderabad Municipal Corporation in concurrence with the State Government, which while giving concurrence has to consider matters pertaining to Law and Order situation, internal security, availability of police, security personnel, home guards, central armed police forces and the logistics of their deployment, availability of staff for election related duties, availability and procurement of election related material and premises for polling and counting, conduct of elections to other legislative and statutory bodies, natural calamities and seasonal conditions including drinking water situation and agricultural season, major fairs and festivals, education calendar and examination in schools and colleges, onset of any epidemic diseases, operations relating to collection of vital statistics like census or any other enumeration and matters involving public interest and any other administrative exigencies.
11 Omitted
Chapter II Chapter II
11. XXX]]
The preparation of electoral rolls for, and the conduct of elections to Corporation shall be under the superintendence, direction and control of the State Election Commission.
Chapter II Chapter II
12. Preparation, revision and publication of electoral roll for Corporation
- (1) The [XXX] electoral roll for the Corporation shall be prepared [by the person authorised by the State Election Commissioner] in such manner by reference to such qualifying date as may be prescribed and the electoral roll for the Corporation shall come into force immediately [upon its publication] in accordance with the rules made by the Government in this behalf. The [XXX] electoral roll for the Corporation shall consist of such part of the electoral roll for the Assembly constituency published under the Representation of the People Act, 1950 as revised or amended under the said Act, upto the qualifying date, [as relates to the City or any portion therof:] Provided that any amendment, transposition or deletion of any entries in the electoral roll, or any inclusion of names in the electoral roll of the Assembly Constituencies concerned, made by the Electoral Registration Officer under section 22 or section 23, as the case may be, of the Representation of the People Act, 1950, upto the date of election notification, for any election held under this Act, shall be carried out in the electoral roll of the Corporation and any such names included shall be added to the part relating to the concerned ward. EXPLANATION:- Where in the case of any Assembly Constituency there is no distinct part of the electoral roll relating to the [City] all persons whose names are entered in such roll under the registration area comprising the [City] and whose addresses as entered are situated in the [City] shall be entitled to be included in the electoral roll for the Corporation prepared for the purposes of this Act.
- (2) The electrol roll for a Corporation,-
- (a) shall be prepared and published in the prescribed manner by reference to the qualifying date,-
- (i) before each ordinary election; and
- (ii) before each casual election to fill a casual vacancy in the office of the [Member of the Corporation]; and
- (b) shall be prepared and published in any year,in the prescribed manner, by reference to the qualifying date, if so directed by the State Election Commission: Provided that if the electoral roll is not prepared and published as aforesaid, the validity, or continued operation of the said electoral roll, shall not thereby be affected. [XXX]
- (a) shall be prepared and published in the prescribed manner by reference to the qualifying date,-
- (3) [The electoral roll] published under sub-section (1) or the electoral roll republished under sub-section (8) shall be the electoral roll for the Corporation and shall remain in force till a fresh electoral roll for the Corporation is published under this section.
- (4) The electoral roll for the Corporataion shall be divided into as many lists as there are divisions.
- (5) Every person whose name appears in the list of the electoral roll relating to a division shall, subject to the other provisions of this Act, be entitled to vote at any election which takes place in that division while the electoral roll remains in force and no person whose name does not appear in such list of the electoral roll shall vote at any such election.
- (6) No person shall vote at an election under this Act in more than one division or more than once in the same division and if he does so, all his votes shall be invalid.
- (7) Where, after the electoral roll for the Corporation or any alteration thereto has been published under this Act, the Corporation is divided into divisions for the first time or any division of the Corporaion is altered or the limits of the Corporation are varied, the electoral authority shall, as soon as may be, after such division or alteration or variation, as the case may be, in order to give effect to the division of the Corporaion into divisions or to the alteration of the division or to the variation of the limits, as the case may be, authorize a rearrangement and republication of the electoral roll for the Corporation or any list of such roll, in such manner as it may direct. Explanation:- In this section, the expression "Assembly Constituency" shall mean a constituency provided by law for the purpose of elections to the Telangana Legislative Assembly.
- (9) [XXX]
Chapter II Chapter II
12A. Voter Identity Cards
With a view to preventing impersonation of electors, provision may be made by rules made under this Act, for the production before the Presiding Officer or Polling Officer of a Polling Station by every such elector, of his identify card before the delivery of a ballot paper or ballot papers to him, if under the rules made in that behalf under the Registration of Electors Rules, 1960 made under the Representation of the People Act, 1950, electors of the Legislative Assembly Constituency or Constituencies in which the Municipal Corporation is situated, have been supplied with identify cards with or without their respective photographs attached thereto.
13 Omitted
14 Omitted
[XXX]
Chapter II Chapter II
15. Breach of official duty in connection with the preparation etc, of electoral rolls
- (1) If any officer or other person required by or under this Act to perform any official duty in connection with the preparation, revision or correction of an electoral roll or the inclusion or exclusion of any entry in or from that roll, is without reasonable cause, guilty of any act or omission in breach of such official duty, he shall be punishable with fine which may extend to five hundred rupees.
- (2) No suit or other legal proceeding shall lie against any such officer or other person for damages in respect of any such act or omission as aforesaid.
- (3) No court shall take cognizance of any offence punishable under sub-section (1) unless there is a complaint made by order of, or under authority from, the electoral authority.
Chapter II Chapter II
16. Custody and preservation of list
- (1) Three complete copies of the preliminary list for each constituency and all statements submitted to the Commissioner be kept in the office of the Commissioner or at such other place as the [State Election Commissioner] may by order specify for a period of one year unless their retention for a longer period is ordered by the [State Election Commissioner.]
- (2) All claims and objections to any preliminary list and, the decisions of the Revising Authority thereon shall be kept in the office of the Commissioner or at such other place as the [State Election Commissioner] may by order specify until the completion of the next annual preparation of the list for such constituency.
- (3) Such number of copies of the final list for each constituency as may be specified by the [State Election Commissioner] shall be kept in the office of the Commissioner or at such other place as the [State Election Commissioner] may by order specify until the final publication of the next list for such constituency.
- (4) One complete copy of the final list for each constituency shall be kept for permanent deposit in such place as the [State Election Commissioner] may by order specify.
- (5) All copies of the final list for each constituency deposited under sub-section (3) or the copy of the final list for each constituency deposited under sub-section (4) shall before deposit be duly authenticated by the Commissioner or any officer authorised by him in this behalf.
- (6) Printed copies of the final constituency list as deposited shall be available for sale to the public until the final publication of the next list for the constituency to which it relates and thereafter such list may be disposed of in such manner as the authority with whom they are deposited may direct.
- (7) Every person shall have a right to inspect the papers referred to in sub-sections (1),
- (2) and (3) and to get attested copies thereof on payment of such fees as may be fixed by the [State Election Commissioner].
Chapter II Chapter II
17. Corrupt practices
-1 74[17. The following shall be deemed to be corrupt practices for the purposes of this Act-
- (1) Bribery, that is to say,-
- (A) Any gift, offer or promise by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any gratification, to any person whomsoever, with the object directly or indirectly, of inducing,-
- (a) a person to stand or not to stand as or to withdraw or not to withdraw from being a candidate at an election, or
- (b) an elector to vote or refrain from voting at an election, or as a reward to-
- (i) a person for having so stood or not stood, or for having withdrawn or not having withdrawn his candidature; or
- (ii) an elector for having voted or refrained from voting.
- (B) The receipt of, or agreement to receive, any gratification, whether as a motive or a reward,-
- (a) by a person for standing or not standing as or for withdrawing or not withdrawing from being a candidate, or
- (b) by any person whomsoever for himself or any other person for voting or refraining from voting or inducing or attempting to induce any elector to vote or refrain from voting, or any candidate to withdraw or not to withdraw his candidature. Explanation:- For the purposes of this clause the term 'gratification' is not restricted to pecuniary gratification or gratification estimable in money and it includes all forms of entertainment and all forms of employment for reward but it does not include the payment of any expenses bonafide incurred at, or for the purpose of, any election and duly entered in the account of election expenses.
- (2) Undue influence, that is to say, any direct or indirect interference or attempt to interfere on the part of the candidate or his agent or of any other person with the consent of the candidate or his election agent, with the free exercise of any electoral right: Provided that-
- (a) without prejudice to the generality of the provisions of this clause, any such person as is referred to thereon, who-
- (i) threatens any candidate or any elector or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from any caste or community; or
- (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed to interfere, with the free exercise of the electoral right of such candidate or elector within the meaning of this clause;
- (b) a declaration of public policy, or a promise of public action, or the mere exercise of a legal right without intent to interfere with an electoral right, shall not be deemed to be interference within the meaning of this clause.
- (a) without prejudice to the generality of the provisions of this clause, any such person as is referred to thereon, who-
- (3) The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain form 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: Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.
- (4) The promotion of, or attempt to promote feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language by a candidate, or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or of prejudicially affecting the election of any candidate.
- (5) The propagation of the practice or the commission of sati or its glorification by a candidate or his agent or any other person with the consent of the 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. Explanation:- For the purpose of this clause, "Sati" and "glorification" in relation of sati shall have the meanings respectively assigned to them in the Commission of Sati (Prevention) Act, 1987.
- (6) 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.
- (7) 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 with the consent of a candidate or his election agent, or the use of such vehicle or vessel for the free conveyance of any elector other than that the candidate himself the members of his family or his agent to or from any polling station: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel by any elector at his own cost for the purpose of going to or coming from any such polling station or place fixed for the poll 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.
- (8) The incurring or authorizing of expenses in contravention of section 617B.
- (9) 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 State or Central Government, Local Authority or a Corporation owned or controlled by the State or Central Government: Provided that where any person, in the service of the State or Central Government or a Local Authority or a Corporaion owned or controlled by the State or Central Government in the discharge or purported discharge of his official duty, makes any arrangements or provides any facilities or does any other act or thing, for to or in relation to, any candidate or his 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), such arrangements, facilities or act or thing shall not be deemed to be assistance for the furtherance of the prospects of that candidate's election.
- (10) Booth capturing by a candidate or his agent or any other person. Explanantion:-
- (1) In this section the expression 'agent' includes an election agent, a polling agent, and any person who is held to have acted as an agent in connection with election with the consent of the candidate.
- (2) For the purposes of clause (9), a person shall be deemed to assist in the furtherance of the prospects of a candidate's election if he acts as an election agent of that candidate.
- (3) For the purposes of clause (9), notwithstanding anything contained in any other law, the publication in the Telangana Gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the Government shall be conclusive proof,-
- (i) of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be; and
- (ii) Where the date of taking effect of such appointment, resignation, termination of service, dismissal or removal from service, as the case may be, is stated in such publication, also of the fact that such person was appointed with effect from the said date, or in the case of resignation, termination of service, dismissal or removal from service, such person ceased to be in such service with effect from the said date.] 18. 19.
Chapter II Chapter II
20. Disqualification for voting
- (1) Any person who has been convicted under section 171-E or 171-F of the Indian Penal Code shall for five years from the date of such conviction be disqualified from voting at any election of the Corporation.
- (2) Any person who has been found guilty of any corrupt or illegal practice in elections held under this Act, or any other law for the time being in force, shall be disqualified from voting at any election of the Corporation for a period of six or four years respectively from the date on which the person is found so guilty.
- (3) If default is made in making the return of the election expenses of any candidate who has contested the election held under this Act or if such return is found either upon the trial of an election petition or by any court in a judicial proceeding, to be false in any material particular, the candidate shall be disqualified for voting at any election of the Corporation for a period of five years from the date by which the return was required to be lodged.
- (4) Any disqualification under sub-sections (1),
- (2) and (3) may be removed by Government for reasons to be recorded in writing: Provided that any removal of disqualification under this sub-section shall not qualify a person to vote or to be elected as a councillor in any by-election held during the period for which, but for such disqualification he would have been continued as a Councillor.
Chapter II Chapter II
20A. Disqualification on ground of corrupt practice or election offences
75[20A. Any person who is convicted of any offence punishable under Chapter IX A of the Indian Penal Code, 1860, or any person against whom a finding of having indulged in any corrupt practice is recorded in the verdict in an election petition filed under this Act or any person convicted of an offence punishable under sections 599 to 610, section 610 A and section 611 shall be disqualified for contesting in any election held under this Act, for a period of six years from the date of such conviction or verdict, as the case may be.
Chapter II Chapter II
20B. Disqualification for failure to lodge account of election expenses
If the State Election Commission is satisfied that a 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, after following the procedure prescribed, by order published in the *Telangana Gazette, declare him,-
- (i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and
- (ii) to have ceased to hold office, in case he is elected.]
Chapter II Chapter II
21. Qualification for being elected as a Member
- (1) Subject to the provisions of this Act a person who is registered in any #[ward] list 76[and who is not less than twenty one years of age] shall be qualified to be elected as a #[member] for any of the #[wards] in the city.
- (2) Any person who ceases to be a #[member] shall if qualified, under sub-section (1) and not otherwise disqualified be eligible for re-election as such.
Chapter II Chapter II
21A. General disqualification
77[21A. A person shall be dis-qualified for being chosen as, or for being a member of a Corporation if he is otherwise disqualified by or under any law for the time being in force for the purposes of elections to the Legislature of the State concerned:
Chapter II Chapter II
21B. Provided that no person shall be disqualified on the ground that he is less than twenty five years of age, if he has attained the age of twenty one years.
Person having more than two children to be disqualified A person having more than two children shall be disqualified for election or for continuing as member:
Provided that the birth within one year from the date of commencement of the Andhra Pradesh Municipal Laws (Second Amendment) Act, 1994 (hereinafter in this section referred to as the date of such commencement) of an additional child 78[or children] shall not be taken into consideration for the purposes of this section:
Provided further that a person having more than two children excluding the child 78[or children] if any born within one year from the date of such commencement shall not be disqualified under this section for so long as the number of children he had on the date of such commencement does not increase:
78[Provided also that where a person is having one child through first delivery and more than one child are born in the subsequent delivery, such person shall not incur disqualification under this section:]
Chapter II Chapter II
22. Provided also that the Government may direct that the disqualification in this section shall not apply in respect of a person for reasons to be recorded in writing.
If the State Election Commission is satisfied that a 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, after following the procedure prescribed, by order published in the *Telangana Gazette, declare him,- (i) to be ineligible for a period of three years from the date of the said order to contest any election held for any office under this Act; and (ii) to have ceased to hold office, in case he is elected.]
Chapter II Chapter II
23. The text provided abruptly ends at Section 17 ("Corrupt practices").
Disqualification for continuing as member
- (1) A #[member] shall cease to be a #[member] if he-
- (a) is or becomes subject to any of the disqualifications specified in section 22; [(aa) is elected to a Ward/Office reserved for Scheduled Castes or Scheduled Tribes or Backward Classes, and subsequently the community certificate on the basis of which he is elected is cancelled under section 5 of the Telangana (Scheduled Castes, Scheduled Tribes and Backward Classes) Regulation of Issue of Community Certificates Act, 1993;]
- (b) ceases to reside in the City;
- (c) fails to pay arrears of any kind due by him, otherwise than in a fiduciary capacity, to the Corporation, within three months from the date of service of a notice requiring payment thereof issued by the Commissioner, which it shall be his duty to issue and cause to be served at the earliest convenient date;
- (d) absents himself at more than three consecutive meetings of the Corporation unless leave so to absent himself, which shall not exceed six months, had been granted by the Corporation or absents himself for over six consecutive months from meetings of the Corporation: Provided that no meeting from which a #[member] absents himself shall be counted against him under this clause, if due notice of that meeting was not given to him: [ Provided further that nothing in this clause shall apply to an ex-officio #[member].] Explanation.- A special meeting held under clause (d) of section 88 and a meeting called upon written requisition under clause (h) of section 88 shall not be deemed to be a meeting within the meaning of this clause.
- (2) When a #[member] ceases to be a #[member] under clause (d) of sub-section (1), the Commissioner shall at once intimate the fact in writing to such #[member] and report the same to the Corporation at its next meeting. If such #[member] applies for restoration of office to the Corporation on or before the date of its next meeting or within fifteen days of the receipt by him of such intimation, whichever is later, the Corporation may at the meeting next after the receipt of such application or suo motu at the said meeting restore him to his office as #[member]: Provided that a #[member] shall not be so restored more than twice during his term of office. 23A. Omitted [XXX] 23B. Omitted [XXX] 23C. Omitted [XXX]
Chapter II Chapter II
23D. Authority to decide questions of disqualifications of Members and Mayor
- (1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a #[member] has not qualified or has become disqualified under [section 21, section 21-A, section 21-B, section 22 or section 23] and the Commissioner has given intimation of such allegation to the #[member] and such #[member] disputes the correctness of the allegation so made or where any #[member] himself entertains any doubt whether or not he has become disqualified under any of those sections,-
- (a) such #[member] or any other #[member] may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and
- (b) the Commissioner shall, either on the direction of the #[member] with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad. [(2) [XXX]]
- (3) The said judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified and his decision shall be final.
- (4) Pending such decision, the #[member] shall be entitled to act as if he was not disqualified.]
Chapter II Chapter II
24. Notification to call upon wards
For the purpose of holding elections under this Act the [State Election Commissioner] shall by one or more notifications published in the Telangana Gazette, [XXX] call upon all the #[wards] to elect #[members] in accordance with the provisions of this Act and of rules and orders made thereunder, before such date or dates as may be specified in the said notification or notifications: Provided that for the purpose of holding election under sub-section (1) of section 7 no such notification shall be issued at any time earlier than four months prior to the day for retirement of the #[Members].
Chapter II Chapter II
25. Returning Officer for each ward
For each #[ward] there shall be a Returning Officer who shall be such officer as
Chapter II Chapter II
25A. Returning Officer for the Corporation
A. Returning Officer for the Corporation.
Chapter II Chapter II
26. Such officer as the Commissioner may, with the approval of the State Election Commissioner designate, shall be the
(1) Where an allegation is made by any voter or authority to the Commissioner in writing that any person who is elected as a #[member] has not qualified or has become disqualified under [section 21, section 21-A, section 21-B, section 22 or section 23] and the Commissioner has given intimation of such allegation to the #[member] and such #[member] disputes the correctness of the allegation so made or where any #[member] himself entertains any doubt whether or not he has become disqualified under any of those sections,- (a) such #[member] or any other #[member] may, within a period of two months from the date on which such intimation is given or doubt is entertained, as the case may be, and (b) the Commissioner shall, either on the direction of the #[member] with the approval of the Government if no such direction is given within a period of two months from the date of placing of the matter by the Commissioner before the council, apply for a decision to the Chief Judge, City Civil Court, Hyderabad. [(2) [XXX]] (3) The said judge, after making such inquiry as he deems necessary, shall determine whether or not such person is disqualified and his decision shall be final. (4) Pending such decision, the #[member] shall be entitled to act as if he was not disqualified.]
Chapter II Chapter II
27. Section 27
For the purpose of holding elections under this Act the [State Election Commissioner] shall by one or more notifications published in the Telangana Gazette, [XXX] call upon all the #[wards] to elect #[members] in accordance with the provisions of this Act and of rules and orders made thereunder, before such date or dates as may be specified in the said notification or notifications: Provided that for the purpose of holding election under sub-section (1) of section 7 no such notification shall be issued at any time earlier than four months prior to the day for retirement of the #[Members].
Chapter II Chapter II
28. Section 28
For each #[ward] there shall be a Returning Officer who shall be such officer as
Chapter II Chapter II
29. Section 29
A. Returning Officer for the Corporation. Such officer as the Commissioner may, with the approval of the State Election Commissioner designate, shall be the returning officer for election to office of Mayor of the Corporation.
Chapter II Chapter II
32A. The text ends at Section 20 (Disqualification for voting, for being and continuing as a Member).
Electoral officers and staff etc., deemed to be on deputation [32A.
- (1) Any officer or staff employed in connection with the preparation, revision and correction of the electoral rolls for, and the conduct of all elections shall be deemed to be on deputation to the State Election Commission for the period during which they are so employed and such officers and staff shall during that period, be subject to the control, superintendence and discipline of the State Election Commission.
- (2) The District Election Authority, Returning Officer, Assistant Returning Officer, Presiding Officer, Polling Officer and any other officer appointed under this Act, and any Police officer designated for the time being by the State Government for the conduct of any elections 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 elections and ending with the date of declaration of the results of such elections and such officer shall, during that period, be subject to the control, superintendence and discipline of the State Election Commission.]
Chapter II Chapter II
33. Appointment of dates of nominations, etc
As soon as the notification calling upon a #[ward] to elect a #[member] or #[members] is issued under this Act, the [State Election Commissioner] shall, by notification in the *Telangana Gazette, appoint- [(a) the last date for making nominations, which shall be a period of not more than three days immediately following the date of publication of the notification under this section whether or not the said days are public holidays;
- (b) the date for the scrutiny of nominations shall be the day immediately following the last date for making nominations whether or not it is a public holiday;
- (c) the date for the withdrawal of candidatures shall be the day immediately following the day of the scrutiny of nominations whether or not it is a public holiday; and
- (d) the date or dates on which a poll shall, if necessary, be taken which or the first of which shall be a date not earlier than the ninth day from the last date for the withdrawal of candidatures.]
Chapter II Chapter II
34. Symbols for direct elections
[34. The State Election Commission shall as soon as may be after the issue of an election notification for any direct election by the voters in the Corporation, specify by notification published in the *Telangana Gazette, the symbols, (including the symbols reserved for recognized political parties and the symbols, if any, reserved for registered political parties for exclusive allotment to contesting candidates set up by such parties), that may be chosen by the candidates contesting at an election to such office and the restrictions to which their choice shall be subject.]
Chapter II Chapter II
35. Public notice of election
On the issue of a notification under section 33 the Returning Officer for the #[ward] shall give public notice of the intended election in Form 7 of Schedule A inviting nominations of candidates for such elections and specifying the place at which the nomination papers are to be delivered. The aforesaid notice shall subject to any general or special directions issued in that behalf by [State Election Commissioner] be published in such manner, in such language or languages and in such places as the Returning Officer thinks fit.
Chapter II Chapter II
36. Presentation of nomination paper and requirements for a valid nomination
- (1) On or before the date appointed under clause (a) of section 33 each candidate shall, either in person or by his proposer between the hours of eleven o‘clock in the forenoon and three o‘clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 34 a nomination paper in Form 8 of Schedule A and subscribed by the candidate himself as assenting to the nomination and by the person referred to in sub-section (2) as proposer.
- (2) Any person whose name is registered in the #[ward] list and who is not subject to any disqualification mentioned in section 10 may subscribe as proposer as many nomination papers as there are vacancies to be filled but no more: Provided that if the name of a person is entered more than once in a #[ward] list or is included in two or more #[ward] lists of the same class, such person shall not be entitled to subscribe as proposer more than one nomination paper for each vacancy to be filled in that #[ward] or in not more than one of such #[wards] of the same class.
- (3) Every nomination paper delivered under sub-section (1) shall be accompanied by such declarations as may be prescribed and no candidate shall be deemed to be duly nominated unless all such declarations are delivered along with the nomination paper: [ Provided that in a division where any seat is reserved for Scheduled Castes, Scheduled Tribes or as the case may be, backward class, a candidate shall not be deemed to be qualified to be chosen to that seat, unless his nomination paper contains a declaration by him specifying the particular caste or as the case may be the tribe or tribal community of which he is a member and the area in relation to which that caste is a Scheduled Caste or is a backward class or the tribe or tribal community is a Scheduled Tribe.]
- (4) Every nomination paper delivered under sub-section (1) shall be also accompanied by a declaration in writing specifying the particular symbol which the candidate has chosen for his first preference out of the list of symbols for the time being in force and also specifying two other symbols out of that list which he has chosen for his second and third preference respectively: Provided that the choice to be made by a candidate under this section shall be subject to such restrictions as the [State Election Commissioner] may think fit to impose in this behalf.
- (5) Any nomination paper which is not received before three o‘clock in the afternoon on the last date appointed under clause (a) of section 33 shall be rejected.
- (6) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and serial numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the #[ward] list of the #[wards]: Provided that the Returning Officer may-
- (a) permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the #[ward] list; and
- (b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked.
- (7) If at the time of the presentation of the nomination paper the Returning Officer finds that the name of the candidate is not registered in the list of the #[ward] for which he is the Returning Officer, he shall for the puposes of sub-section (5) require the person presenting the nomination to produce either a copy of the #[ward] list of the #[ward] or #[wards] for which he is the Returning Officer, or he shall for the purposes of sub-section (6) require the person presenting the nomination paper to produce either a copy of the #[Ward] List in which the name of the candidate is included or a certified copy of the relevant entries in such list.
- (8) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for election in the same #[ward]. [(9) A candidate may file nominations for more than one ward in the Municipal Corporation, but he/she shall withdraw his/her nominations to all wards except one ward of his/her choice, before the date and time fixed for withdrawal of candidature, failing which, all his/her nominations shall become invalid and shall not be allowed to contest from any ward.]
Chapter II Chapter II
37. Deposits
[37. A candidate shall not be deemed to be duly nominated unless he deposits or causes to be deposited such sum as may be prescribed. In the case of a candidate belonging to Scheduled Castes or Scheduled Tribes, it shall be competent for the Government to prescribe a lesser amount of deposit.
Chapter II Chapter II
38. Every candidate shall deposit the sum prescribed in the manner specified by the rules made in this behalf.
Notice of nominations and the time and place for their scrutiny The Returning Officer shall, on receiving the nomination paper under sub-section (1) of section 36, inform, the person or persons delivering the same, of the date, time and place fixed for the scrutiny of nominations and shall enter on the nomination paper its serial number, and shall sign thereon a certificate stating the date on, and the hour at, which the nomination paper has been delivered to him and shall, as soon as may be thereafter, cause to be affixed in some conspicuous place in his office a notice of the nomination containing descriptions similar to those contained in the nomination paper, both of the candidate and of the person who has subscribed the nomination paper as proposer.
Chapter II Chapter II
39. Scrutiny of nominations
On the issue of a notification under section 33 the Returning Officer for the #[ward] shall give public notice of the intended election in Form 7 of Schedule A inviting nominations of candidates for such elections and specifying the place at which the nomination papers are to be delivered. The aforesaid notice shall subject to any general or special directions issued in that behalf by [State Election Commissioner] be published in such manner, in such language or languages and in such places as the Returning Officer thinks fit.
Chapter II Chapter II
40. The provided text ends abruptly at Section 33.
(1) On or before the date appointed under clause (a) of section 33 each candidate shall, either in person or by his proposer between the hours of eleven o‘clock in the forenoon and three o‘clock in the afternoon deliver to the Returning Officer at the place specified in this behalf in the notice issued under section 34 a nomination paper in Form 8 of Schedule A and subscribed by the candidate himself as assenting to the nomination and by the person referred to in sub-section (2) as proposer. (2) Any person whose name is registered in the #[ward] list and who is not subject to any disqualification mentioned in section 10 may subscribe as proposer as many nomination papers as there are vacancies to be filled but no more: Provided that if the name of a person is entered more than once in a #[ward] list or is included in two or more #[ward] lists of the same class, such person shall not be entitled to subscribe as proposer more than one nomination paper for each vacancy to be filled in that #[ward] or in not more than one of such #[wards] of the same class. (3) Every nomination paper delivered under sub-section (1) shall be accompanied by such declarations as may be prescribed and no candidate shall be deemed to be duly nominated unless all such declarations are delivered along with the nomination paper: [Provided that in a division where any seat is reserved for Scheduled Castes, Scheduled Tribes or as the case may be, backward class, a candidate shall not be deemed to be qualified to be chosen to that seat, unless his nomination paper contains a declaration by him specifying the particular caste or as the case may be the tribe or tribal community of which he is a member and the area in relation to which that caste is a Scheduled Caste or is a backward class or the tribe or tribal community is a Scheduled Tribe.] (4) Every nomination paper delivered under sub-section (1) shall be also accompanied by a declaration in writing specifying the particular symbol which the candidate has chosen for his first preference out of the list of symbols for the time being in force and also specifying two other symbols out of that list which he has chosen for his second and third preference respectively: Provided that the choice to be made by a candidate under this section shall be subject to such restrictions as the [State Election Commissioner] may think fit to impose in this behalf. (5) Any nomination paper which is not received before three o‘clock in the afternoon on the last date appointed under clause (a) of section 33 shall be rejected. (6) On the presentation of a nomination paper, the Returning Officer shall satisfy himself that the names and serial numbers of the candidate and his proposer as entered in the nomination paper are the same as those entered in the #[ward] list of the #[wards]: Provided that the Returning Officer may- (a) permit any clerical error in the nomination paper in regard to the said names or numbers to be corrected in order to bring them into conformity with the corresponding entries in the #[ward] list; and (b) where necessary, direct that any clerical or printing error in the said entries shall be overlooked. (7) If at the time of the presentation of the nomination paper the Returning Officer finds that the name of the candidate is not registered in the list of the #[ward] for which he is the Returning Officer, he shall for the puposes of sub-section (5) require the person presenting the nomination to produce either a copy of the #[ward] list of the #[ward] or #[wards] for which he is the Returning Officer, or he shall for the purposes of sub-section (6) require the person presenting the nomination paper to produce either a copy of the #[Ward] List in which the name of the candidate is included or a certified copy of the relevant entries in such list. (8) Nothing in this section shall prevent any candidate from being nominated by more than one nomination paper for election in the same #[ward]. [(9) A candidate may file nominations for more than one ward in the Municipal Corporation, but he/she shall withdraw his/her nominations to all wards except one ward of his/her choice, before the date and time fixed for withdrawal of candidature, failing which, all his/her nominations shall become invalid and shall not be allowed to contest from any ward.]
Chapter II Chapter II
41. Publication of list of contesting candidates
[37. A candidate shall not be deemed to be duly nominated unless he deposits or causes to be deposited such sum as may be prescribed. In the case of a candidate belonging to Scheduled Castes or Scheduled Tribes, it shall be competent for the Government to prescribe a lesser amount of deposit. Every candidate shall deposit the sum prescribed in the manner specified by the rules made in this behalf.]
Chapter II Chapter II
61. The text truncates at Section 48.
Right to vote
62 Omitted
Chapter II Chapter II
63. The text truncates at Section 48.
Manner of voting at elections [Section text not available in the official gazette publication.]
Chapter II Chapter II
63A. The text truncates at Section 48.
Voting machines at elections [Section text not available in the official gazette publication.]
Chapter II Chapter II
64. The text truncates at Section 48.
Right to vote [Section text not available in the official gazette publication.]
Chapter II Chapter II
65. The text truncates at Section 48.
Omitted [Section text not available in the official gazette publication.]
Chapter II Chapter II
66. The text truncates at Section 48.
Counting of votes [Section text not available in the official gazette publication.]
Chapter II Chapter II
66A. The text truncates at Section 48.
Destruction, loss, etc., of ballot papers at the time of counting [Section text not available in the official gazette publication.]
Chapter II Chapter II
67. The text truncates at Section 48.
Equality of votes [Section text not available in the official gazette publication.]
Chapter II Chapter II
70. Section 70
Date of election of candidate [Section text not available in the official gazette publication.]
Chapter II Chapter II
70B. The provided text begins mid-sentence in a section regarding compensation, likely Section 70-B, and then continues from Section 70-C onwards.
Payment of Compensation Payment of Compensation.
Chapter II Chapter II
C. The Government may, with a view to requisitioning any property under section 70
70D. Eviction from requisitioned premises D.
- (1) Any person remaining in possession of any requisitioned premises in contravention of any order made under section 70-A may be summarily evicted from the premises by any officer empowered by the Government 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 of effecting such eviction. 70E. Penalty for contravention of any order regarding requisitioning E. If any person contravenes any order made under section 70-A or section 70-C, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both. 70F. Delegation of powers of the Government F. The Government may, by notification in the *Telangana Gazette, and subject to such restrictions and conditions as may be specified therein, delegate to any officer or any authority all or any of the powers vested in them by sections 70-A to 70-D (both inclusive), and may, in like manner, withdraw any powers so delegated.] 70FF. Delegation of powers of the Commission 131[70-FF. The State Election Commissioner may by order in writing, delegate to any officer or authority in the State Government, either generally or as respects any particular matter or class of matters any powers of the Commission under this Act.] 70G. Appointment of Special Officer 132[70-G.
- (1) Notwithstanding anything contained in this Act, wherein the opinion of the Government it is not possible to hold the elections to the Corporation in accordance with the provisions of this Act, before the date of expiration of the term, and to bring the newly elected #[members] into office on the date of expiration of the term as aforesaid, 133[XXX] the Government may, by notification appoint a Special Officer to exercise the powers, perform the duties and discharge the functions of,-
- (a) the Corporation,
- (b) the Standing Committee, and
- (c) the Commissioner, under the Act, for a period 134[which shall not exceed three and half years] from the date of such appointment: Provided that the State Government may, from time to time, by notification in the *Telangana Gazette and for reasons specified therein extend the said period of appointment of Special Officer 135[beyond three and half years], for a further period or periods so however that the period of appointment of the Special Officer shall not, 136[in the aggregate exceed eleven years].
- (2) The State Government shall cause elections to be held to the Corporation under the principal Act, so that the newly elected #[members] may come into office on such date as may be specified by the State Government in this behalf by a notification, in the *Telangana Gazette: Provided that the State Government may, from time to time, advance or postpone the date specified under this sub-section and fix instead another date: Provided further that the date fixed under this sub-section shall be the date on which the appointment of the Special Officer expires.
- (3) The Special Officer shall exercise the powers, perform the duties and discharge the functions of the Corporation until the elected #[members] come into office, of the Standing Committee until a Standing Committee is appointed by the Corporation, and of the Commissioner until a Commissioner is appointed by the State Government, as the case may be, and any such officer may, if the State Government so direct, receive remuneration for his service from the Municipal Fund.] 71. Election petition
- (1) 137[XXX] No election held under this Act shall be called in question except by an election petition which shall be presented in such manner as may be prescribed.
- (2) An Election petition calling in question any election may be presented on one or more of the grounds specified in clauses (i) and (ii) of section 79 and section 80 to the Election Tribunal by any candidate at such election or any voter, within two months from, but not earlier than 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 is the later of those two dates: 138[ Provided that the period from the date on which an election petition can be filed under this sub-section to the date of the constitution of an Election Tribuanl under section 75, shall be excluded for purpose of computing the period of two months under this sub-section.] 72. Parties to the petition A petitioner shall join as respondents to his petition,—
- (a) where the petitioner claims a declaration under clause (b) of section 74, all the contesting candidates other than the petitioner and in any other case all the returned candidates; and
- (b) any other candidates against whom allegations of any corrupt or illegal practice are made in the petition. 73. Contents of Petition
- (1) An election petition-
- (a) shall contain a concise statement of the material facts on which the petitioner relies;
- (b) shall set forth full particulars of any corrupt or illegal practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt or illegal practice and the date and place of the commission of each such practice; and
- (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 for the verification of pleadings.
- (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. 74. Relief that may be claimed by the Petitioner A petitioner may claim any one of the following declarations:—
- (a) that the election of the returned candidate is void;
- (b) that the election of the returned candidate is void and that he himself or any other candidate has been duly elected;
- (c) that the election as a whole is viod. 75. Election Tribunal 139[75.
- (1) The Government may for the purpose of providing speedy disposal of election petitions in respect of an election under this Act, appoint any person who is or has been or is eligible to be appointed as a Judge of the High Court as an Election Tribunal (hereinafter referred to as the ―Tribunal‖) for such period as may be necessary, for trial of petitions in respect of an election under this Act: Provided that if there are only a limited number of such cases, the Government may, with the concurrence of the Chief Justice of the High Court, by notification specify a Court of District Judge to be an Election Tribunal to try the election petitions under this Act.
- (2) The Tribunal shall deal with such petitions and proceedings in connection therewith in the manner prescribed.] 76. Powers of the Tribunal 77. Decision of the Tribunal 78. Other orders to be made by the Tribunal 79. Grounds for declaring election to be void 80. Grounds for which a candidate other than the returned candidate may be declared to have been elected 81. Procedure in case of an equality of votes 82. Communication of orders of the Tribunal and the transmission of the records of the case to the Commissioner 83. Appeal against order of the Tribunal 84. Orders of the Tribunal to be final and conclusive 85. Orders when to take effect 86. Reference to the Election Tribunal 87. Procedure when no member is elected 88. Provisions regulating the Corporation’s proceedings -1 89. Power to order withdrawal of Member 90. Election of Mayor and Deputy Mayor 90A. Resolution of disputes relating to cessation for disobedience of party whip 91. Deputy when to act as Mayor 91A. Motion of no confidence in Mayor/ Deputy Mayor 92. Resignations 93. Constitution of the Standing Committee 94. 95. 96. 97. Provisions regulating the proceedings of the Standing Committee 98. Special Committees of the Corporation 99. Appointment of Ad-hoc Committee [Error:
Some statutory text is still being prepared for this language version.
PDF: pending for this language.