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Section
13. [WARDS] for elections:
(1) For the purposes of
election of Councillors to be elected to fill the seats under Clause (a)
of Sub-section (1) of Section 11, the Government shall by notification
determine.
- The number of territorial Wards into which the
Municipal area shall be divided;
- The extent of each territorial ward;
- The number of seats allotted to each territorial
Ward which shall be one, and
- The number of seats, if any reserved for the Scheduled
Castes, Scheduled Tribes, Backward Classes and for Women in each territorial
Ward.
Provided that the territorial
Wards formed shall comprise, as far as may be, of Contiguous blocks:
(1-A) No notification
under Sub-section (1) shall be called in question in any court of law.
Section
14. LIST OF VOTERS:
(1) The list of voters
of the Municipal Council shall be prepared subject to the superintendence,
direction and control of the State Election Commission.
Provided that the electoral
roll of the Karnataka Legislative Assembly for the time being in force
for such part of the Municipal area as included in any ward may be adopted
for the purpose of preparation of list of voters of the Municipal Council
for such ward.
Provided further that
the list of voters for such ward of the municipal council shall not include
any amendment, transposition, inclusion or deletion of entry made after
the last date for making nomination for the election to such ward and
before completion of such election.
(2) The officer designated
by the State Election Commission in this behalf in respect of a Municipal
area shall maintain a list of voters for each ward of such Municipal area.
EXPLANATION
:
For the purpose of this
section, electoral roll shall mean an electoral roll prepared
under provisions of the Representation of the Peoples Act, 1950 (Central
Act XLIII of 1950) for the time being in force.
(3) Every person whose
name is in the list of Voters referred to in Sub-section (1) shall, unless
disqualified under any law for the time being in force, be qualified to
vote, at the election of a member for the ward to which such list pertains.
(4) In every ward, a
voter shall have as many votes, as there are Councillors to be elected,
from that ward, but no voter shall at any election give more than one
vote to any one candidate.
Section
15. QUALIFICATION OF CANDIDATES:
Section 16.
GENERAL DISQUALIFICATION FOR
BECOMING A COUNCILLOR:
Refer
Information for Candidates
Section 21. ELECTION PETITIONS
(1) No election of a councillor shall be called in
question except by an election petition presented to the Election Tribunal
within fifteen days from the date of the declaration of the result of
the election.
(2) An election petition calling in question any such election
may be presented on one or more of the grounds specified in Section 23-
(a) by any candidate at such election, or
(b) by any voter of the ward concerned.
(3) A petitioner shall join as respondents to his petition
all the candidates at the election.
(4) An election petition -
(a) shall contain a concise statement of the material
facts on which the petitioner relies;
(b) shall with sufficient particulars, set forth the ground
or grounds on which the election is called in question; and
(c) shall be signed by the petitioner and verified
in the manner laid down in the Code of Civil Procedure, 1908, for the
verification of pleadings.
Section 22.
Relief that may be claimed by the petitioner:
(1) A petitioner may claim-
(a) a declaration that the election of all or any of the
returned candidates, is void, and
(b) in addition thereto, a further declaration that he himself or any
other candidate has been duly elected.
(2) The expression "returned candidate" means
a candidate who has been declared as duly elected.
Section 23. Grounds for declaring
elections to be void:
(1) Subject to the provisions of sub-section (2), if the
Election Tribunal is of opinion-
(a) that on the date of his election a returned candidate
was not qualified, or was disqualified, to be chosen as a councillor under
this Act, or
(b) that any corrupt practice has been committed by a returned candidate
or his agent or by any other person with the consent of a returned candidate
or his agent, or
(c) that any nomination paper has been improperly rejected, or
(d) that the result of the election, in so far as it concerns a returned
candidate, has been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by any corrupt practice committed in the interests of the returned
candidate by an agent or by any other person acting with the consent of
such candidate or agent; or
(iii) by the improper acceptance or refusal of any vote or reception of
any vote which is void; or
(iv) by the non-compliance with the provisions of this Act or of any rules
or orders made thereunder,
the Election Tribunal shall declare the election of the
returned candidate to be void.
(2) If in the opinion of the Election Tribunal, any agent
of a returned candidate has been guilty of any corrupt practice, but the
Tribunal is satisfied-
(a) that no such corrupt practice was committed at the election
by the candidate, and every such corrupt practice was committed contrary
to the orders and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission
of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt
practice on the part of the candidate or any of his agents,
then the Tribunal may decide that the election of
the returned candidate is not void.
Section
38. CONTROL OF ELECTION:
(1) The superintendence,
direction and control of the preparation of list of voters for, and the
conduct of all elections to the Municipal Council shall be vested in the
State Election Commission.
(2) [Subject to sub-section
(1)], Government may, by notification and after previous publication,
make rules to provide for or to regulate all or any of the following matters
for the purpose of holding elections of councillors under this Act, namely:-
- the manner of the splitting up of electoral rolls for
Legislative Assembly constituencies into parts for the purpose of constituting
one or more of such parts into the list of voters for a [ward]; and
the officer or authority by whom such splitting up is to be carried
out;
- revision and correction of electoral rolls;
- redistribution of territorial [wards];
- the appointment of returning officers, assistant returning
officers, presiding officers and polling officers for the conduct of
elections,
- the nomination of candidates, form of nomination papers,
objections to nomination and scrutiny of nominations;
- the deposits to be made by candidates, time and manner
of making such deposits and the circumstances under which such deposits
may be refunded to candidates or forfeited to the municipal council;
- the withdrawal of candidatures;
- the appointment of agents of candidates;
- the procedure in contested and uncontested elections
and the special procedure at elections in [wards] where any seat is
reserved for the [Scheduled Castes, Scheduled Tribes, Backward Classes
and Women];
- the date, time and place for poll and other matters
relating to the conduct of elections including-
- the appointment of polling stations for each [ward];
- the hours during which the polling station shall
be kept open for the casting of votes;
- the printing and issue of ballot papers;
- the checking of voters of reference to the electoral
roll;
- the marking with indelible ink on the left forefinger
or any other finger or limb of the voter and prohibition of the
delivery of any ballot paper to any person if at the time such person
applies for such paper he has already such mark so as to prevent
presonation of voters;
- the manner in which votes are to be given and in
particular in the case of illiterate voters or of voters under physical
or other disability;
- procedure to be followed in respect of challenged
votes and tendered votes;
- the scrutiny of votes, counting of votes, the declaration
and publication of the results and the procedure in case of equality
of votes or in the event of a councillor being elected to represent
more than one [ward];
- the custody and disposal of papers relating to elections;
- the suspension of polls in case of any interruption
by riot, violence or any other sufficient cause and the holding
of a fresh poll;
- the holding of a fresh poll in the case of destruction
of or tampering with ballot boxes before the count;
- the countermanding of the poll in the case of the
death of a candidate before the poll;
- the fee to be paid on a election petition;
- any other matter relating to elections or election disputes
in respect of which the Government deems it necessary to make rules
under this section or in respect of which this Act makes no provision
or makes insufficient provision and provision is in the opinion of the
Government necessary.
(3) In making any rule under this section, the Government
may provide that any contravention thereof shall be punishable with fine
which may extend to one hundred rupees.
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