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NCT Delhi - Section

Section 31 in The Delhi Municipal Corporation Act, 1957

31. Power to make rules regulating the election of councillors [***]. [The words and aldermen omitted by Act 67 of 1993, section 26 (w.e.f. 1-10-1993)]

(1)The Central Government may make rules to provide for or regulate all or any of the following matters [for the purpose of preparation, revision and maintenance of electoral rolls of wards and holding elections] [Substituted by Act 55 of 1974, section 7, "for the purpose of holding elections" (w.e.f. 10-1-1975)] of councillors [***] [The words "an" aldermen omitted by Act 67 of 1993, section 26 (w.e.f. -10-1993).] under this Act, namely:—
(a)[ the particulars to be entered in the electoral rolls; [Substituted by Act 55 of 1974, section 7, for clause (a) (w.e.f. 10-1-1975)]
(aa)the preliminary publication of electoral rolls;
(ab)the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(ac)the manner in which notices of claims or objections shall be published;
(ad)the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;
(ae)the final publication of electoral rolls;
(af)the revision and correction of electoral rolls and inclusion of names therein;
(ag)the manner in which and the purpose for which the electoral roll of [an assembly constituency] [Substituted byt Act 67 of 1993, section 26, for a "parliamentary constituency" (w.e.f. 1-10-1993).] may be used;
(ah)the correction of electoral rolls on change of extent or boundaries of wards;]
(b)the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;
(c)the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;
(d)the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to the [a Corporation;] [Substituted by Delhi Act 12 of 2011, section 2(a), "for the Corporation" (w.e.f. 13-1-2012).]
(e)the withdrawal of candidatures;
(f)the appointment of agents of candidates;
(g)the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes [and women;] [Inserted by Act 67 of 1993, section 26 (w.e.f. 1-10-1993)]
(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 the electoral roll,
(v)the marking with indelible ink of 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 personation of voters,
(vi)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,
(vii)the procedure to be followed in respect of challenged vote and tendered votes,
(viii)the scrutiny 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,
(ix)the custody and disposal of papers relating to elections,
(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 a fresh poll in the case of destruction of or tempering with ballot boxes before the court,
(xii)the countermanding of the poll in the case of the death of a candidate before the poll;
(hh)[ the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition;] [Inserted by Act 42 of 1961, section 5 (w.e.f. 12-9-1961)]
[***] [Clause (i) omitted by Act 67 of 1993, section 26 (w.e.f. 1-10-1993)]
(j)the fee to be paid on an election petition;
(k)any other matter [relating to electoral rolls or elections] [Substituted by Act 55 of 1974, section 7, for "relating to election" (w.e.f. 10-1-1975)] or election disputes in respect of which the Central 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 Central Government necessary.
(2)In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.Councillors