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State of Jammu-Kashmir - Section

Section 21 in The Jammu and Kashmir Representation of the People Act, 1957

21. Preparation of electoral rolls for Council Constituencies.

(1)In this section-
(a)"local authorities constituency" means a constituency for the purpose of elections to the Legislative Council under clauses (a) and (b) of sub-section (4) of section 50 of the Constitution ;
(b)[ Omitted.] [Clause (b) of Section 21 omitted by Act XIII of 1963.]
(c)"Panchayats, constituency" means a constituency for the purpose of elections to the Legislative Council under clauses (a) and (b) of section (5) of section 50 of the Constitution.
(2)For the purpose of elections to the Legislative Council in a local authorities constituency-
(a)the electorate shall consist of members of municipal council, town area committees and notified area committees within the limits for that constituency;
(b)every member of each such local authority within a local authorities constituency shall be entitled to be registered in the electoral roll for-that constituency ;
(c)[the Electoral Registration Officer] [Substituted by Act IX of 1966.] for each local authorities, constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up to date;
(d)in order to enable the [Electoral Registration Officer] [Substituted by Act IX of 1966.] to maintain the electoral roll corrected up to date the Chief Executive Officer of each local authority (by whatever designation such officer may be known) shall immediately inform the [Electoral Registration Officer] [Substituted by Act IX of 1966.] about every change in the membership of that local authority; and the [Electoral Registration Officer] [Substituted by Act IX of 1966.] shall, on receipt of the information, strike off from the electoral roll the names of persons who have ceased to be, and include therein the names of persons who have become, members of that local authority; and
(e)the provisions of sections 11, 12, 14, 18 and 19 shall apply in relation to local authorities constituencies as they apply in relation to Assembly Constituencies.
(3)[ Omitted.] [Sub-section (3) omitted by Act XXIII of 1963.]
(4)For the purpose of elections to the Legislative Council in a 'Panchayats' constituency-
(a)the electorate shall consist of members of Panchayats and such other local bodies, if any, within the limits of the constituency as the [Governor] [Substituted for 'Sadar-i-Riyasat' by Jammu and Kashmir Constitution (Sixth Amendment) 1965.] may by order specify under sub-section (5) of section 50 of the Constitution.
(b)every member of the Panchayat and of such local body, if any, within a Panchayats' Constituency as referred to in clause (a) shall be entitled to be registered in the electoral roll for that constituency;
(c)the [Electoral Registration Officer] [Substituted by Act IX of 1966.] for each Panchayats' Constituency shall maintain in his office in the prescribed manner and form the electoral roll for that constituency corrected up to date;
(d)in order to enable the [the Electoral Registration Officer] [Substituted by Act IX of 1966.] to maintain the electoral roll corrected up to date the Panchayat Officer of the Province of Jammu and of the Province of Kashmir shall immediately inform the [Electoral Registration Officer] [Substituted by Act IX of 1966.] about every change in the membership of each Panchayat and of such local body, if any, within the Panchayats' Constituency as referred to in clause (a) and the [Electoral Registration Officer] [Substituted by Act IX of 1966.] shall, on receipt of the information, strike off from the electoral roll the names of person who have ceased to be, and include therein the names of person who have become, members of that Panchayat or local body; and
(e)the provisions of sections 11, 12, 14, 18 and 19 shall apply in relation to Panchayats' Constituency as they apply in relation to Assembly Constituency.