EXTRACT OF MUNICIPAL CORPORATION ACT 1976 RELATING TO ELECTIONS:

Section 21. DETERMINATION OF WARDS ETC :

(1) For purposes of election of Councillors Government shall, by notification, determine:-

  1. The wards into which the city shall, be divided and the extent of each wards
  2. The number of seats allotted to each ward which shall be one,
  3. The number of seats reserved for Scheduled Castes, the Scheduled Tribes, Backward classes and Women and the wards in which such seats shall be reserved.

(1-A) No notification under Sub-section (1) shall be called in question in any court of law:

(2) The ratio between the number of Councillors to be elected from each ward and the population of that ward shall so far as practicable be the same throughout the city.

(3) The State Government may make rules for the purposes of Sub-section (1) and (2)

Section 23. ELECTORAL ROLLS:

The electoral roll of the Corporation shall be prepared subject to the superintendance, 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 city as is included in any ward may be adopted for the purpose of preparation of electoral roll of the Corporation for such ward:

Provided further that the electoral roll for such ward of the Corporation 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.

Section 24. [STATE ELECTION COMMISSION] TO FIX DATE OF ELECTIONS:

(1) The date or dates of elections to constitute a Corporation and to fill the casual vacancy shall be fixed by the State Election Commission in consultation with the Government.

Provided that no election shall be held to fill a casual vacancy occuring within four months before the ordinary date of retirement of the Councillor and that such vacancy shall be filled at the next ordinary election.

(3) A Councillor elected at a casual election shall enter upon office forthwith but shall hold office so long only as the Councillor in whose place he is elected would have held if the vacancy had not occurred.

Section 25. QUALIFICATION OF CANDIDATES:

Refer Information for Candidates

Section 26. GENERAL DISQUALIFICATION FOR BECOMING A COUNCILLER:

Refer Information for Candidates

Section 33. ELECTION PETITION

(1) No election of a councillor shall be called in question except by an election petition presented for adjudication to the District Court having jurisdiction,
within thirty days
from the date of the publication of the result of election under Section 32.

(2) An election petition may be presented on one or more of the grounds specified in Section 35,-

(a) by any candidate at such election; or
(b) by any voter of the division 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 set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt 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 (Central Act 5 of 1908) for the verification of pleadings.

(5) Every election petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of presentation of the election petition under sub-section (1):

Provided that where the petitioner alleges any corrupt practice the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.

(6) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

Section 34. Relief That may be claimed by the petitioner:

A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further declaration that he himself or any other candidate has been duly elected.

Section 35. Grounds for declaring elections to be void:

(1) Subject to the provisions of sub-section (2), if the court 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 election agent or by any other person with the consent of a returned candidate or his election agent, or
(c) that any nomination 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 other than his election agent; or
(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
(iv) by any non-compliance with the provisions of this Act or of any rules or orders made thereunder,

the court shall declare the election of the returned candidate to be void.

(2) If in the opinion of the court, a returned candidate has been guilty, by a person other than his election agent, or any corrupt practice, but the court is satisfied-

(a) that no such corrupt practice was committed at the election by the candidate or his election agent and every such corrupt practice was committed contrary to the orders and without the consent of the candidate or his election agent:;
(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents.

then the court may decide that the election of the returned candidate is not void.