Section 31 in Jammu and Kashmir Municipal Corporation Act, 2000
31. Powers to make rules regulating the election of Councillors.
(1)The Government may in consultation with Chief Electoral Officer make rules to provide for or regulate all or any of the following matters for the purpose of holding elections of Councillors under this Act, namely:-(a)qualifications of elector and the preparation, publication, correction and revision of electoral rolls;(b)the appointment of returning officers, assistant returning officer, presiding officers and polling officers of the conduct of election;(c)the nomination of candidates, form or nomination papers, objections to nominations and scrutiny of nomination and allotment of symbols to candidates;(d)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 Corporation.(e)the withdrawal of candidature;(f)the appointment of agents of candidates;(g)the procedure in contested and uncontested elections;(h)the date, time and place for poll and other matters relating to the conduct of elections including:-(i)the appointment of polling stations for each ward;(ii)the hours during which the polling station shall be kept open for the casting of votes.(iii)the printing and issue of ballot papers;(iv)the checking of voters by reference to electoral roll;(v)the marking with indeliable ink of the left fore finger or limb of the voter and prohibition of the delivery of the ballot to any person if at the time such person applies for such paper he has already such mark, so as to prevent personation of voters;(vi)the manner in which votes are to be given and in particular in the case of illiterate voters under physical or other disability;[(vi-a) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used;] [Inserted by Jammu and Kashmir Act No. 7 of 2018, dated 13.8.2018.](vii)the procedure to be followed in respect of challenged votes and tendered votes;(viii)the security of votes, counting of votes, the declaration 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;[(viii-a) the procedure as to counting of votes recorded by means of voting machines;] [Inserted by Jammu and Kashmir Act No. 7 of 2018, dated 13.8.2018.](ix)[ the custody of voting machines and disposal of papers relating to elections; [Substituted by Jammu and Kashmir Act No. 7 of 2018, dated 13.8.2018.](x)the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll;(xi)[ the holding of fresh poll in case of destruction of, or tempering with ballot boxes or voting machines, or mechanical failure of voting machines, before the count;] [Substituted by Jammu and Kashmir Act No. 7 of 2018, dated 13.8.2018.](j)the requisitioning of premises, vehicles, vessels or animals payment of compensation in connection with such requisition eviction from requisitioning premises and release of premises from requisition;(k)any other matter relating to elections or election disputes which is to be prescribed or in respect of which Government deems it necessary to make rules under this section or in respect of which this Act makes no provisions or makes insufficient provisions and provision is, in the opinion of the government, necessary.(2)Any person who contravenes the provisions of any rule framed under this section shall be punishable with fine which may extend to one thousand rupees.
