12. [ General Election of Councillors and formation of Wards. [Substituted vide Orissa Act No. 11 of 1994 w.e.f. 31.5.1994.]
(1)A general election of the Councillor specified in Clause (a) of Section 8 shall be completed -(a)for the purpose of constituting new Municipality, as soon as may be, but not later than six months, after the publication of the notification referred to in Sub-section (2) of Section 4;(b)for the purpose of reconstituting a Municipality, before the expiry of a period of five years from the date appointed for its first meeting referred to in Clause (a) of Sub-section (2) of Section 47 :[* * *](c)[* * *] [Omitted vide O.A. No. 8 of 1996 Orissa Gazette Extraordinary No. 471 dated 2.6.1996, w.e.f. 21.4.1996.](2)For the purpose of election under Sub-section (1) the State Government shall, by one or more notifications published on such date or dates as may be recommended by the Election Commission, call upon all Wards in the Municipal area to elect Councillors in accordance with the provisions of this Act and of the rules and orders made thereunder.(3)[ For the purpose of election of Councillors to a Municipality, the District Magistrate shall, in the case of a new Municipality, of his own motion and, in the case of a Municipality already in existence at the time the notification is made, after consulting the concerned Municipality, by notification;] [Substituted vide Orissa Act No. 6 of 2002 Orissa Gazette Extraordinary No. 566 dated 26.4.2002.](a)divide the Municipality area into Wards;(b)determine, subject to other provisions of this Act, the Wards in which the seats reserved under Section 11 shall be set assigned:Provided that -(i)in dividing a [Municipal area] [Substituted vide Orissa Act No. 19 of 1995 w.e.f. 19.10.1995.] into Wards, equitable distribution of population among the various Wards and the compactness of area forming each Wards shall be taken into consideration; and(ii)the number of Wards in any Municipal area shall not be less than eleven and more than forty.[Provided further that notwithstanding anything contained in this section, if any person is aggrieved by the decision as to the division of the Municipal area into Wards or the assignment of Wards, as referred in Clauses (a) and (b), he may prefer an appeal to the State Government within fifteen days from the date of publication of the notification which shall be disposed of by the appellate authority within thirty days from the date of its filing, after giving the person concerned opportunity of being heard, and the decision of the appellate authority shall be final.] [Added vide Orissa Act No. 6 of 2002 Orissa Gazette Extraordinary No. 566 dated 26.4.2002.][(3-A) (a) The District Magistrate shall, before making the Notification under Sub-section (3), published in the prescribed manner a draft thereof containing a Statement showing the number of Wards into which the Municipal area shall be divided, the extent of each such Ward and the-Wards in which the seats reserved under Section 11 shall be set assigned, with a notice inviting objections and suggestions from all persons interested within the prescribed period.(b)The District Magistrate shall consider the objections and suggestions so received and, for that purpose, he may make such further enquiry as he may consider, necessary.](4)All the electors of a Ward shall, irrespective of their community, be entitled to vote at an election in respect of that Ward.(5)When, a new Ward is formed or when an existing Ward is abolished, the State Government shall, after consulting the Municipality concerned, determine -(a)the Ward which each Councillor than in the Municipality shall be deemed to represent; and(b)the Ward or Wards in which election shall be held to fill up the vacancies, if any, in the Municipality.]
