Section 28 in The Mumbai Municipal Corporation Act, 1888
28. [ Provisions respecting contested ward elections. [Section 28 was substituted for the original section by Bombay 1 of 1925, Section 8.]
- With respect to the contested ward elections the following provisions shall have effect, namely:-(a)[votes shall be given by ballot in such manner as may be prescribed by the rules made under section 29] [or by electronic voting machine] [These words were inserted by Maharashtra 5 of 2005 (w.e.f. 4.1.2005).]. No votes shall be received by proxy;(b)no votes shall be received for any candidate whose name has not been published by [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.] under sub-section (2) of section 27 as having been validly nominated;(c)[ no person shall vote at a general election in more than one ward and if a person votes in more than one ward his vote in all such wards shall be void. [These clauses were substituted for clause (c) by Bombay 54 of 1955, Section 4.](ca)no person shall at any election vote in the same ward more than once notwithstanding that his name may appear in the municipal election roll for that ward more than once [* * *] and if a person votes in the same ward more than once all his votes in that ward shall be void;][ * * * * * * * * ] [Clauses (d) and (f) were deleted by Maharashtra 8 of 1965, Section 14(b).](g)[ the person who has the greatest number of valid votes shall be deemed to be elected;] [Clause (g) was substituted by Maharashtra 8 of 1965, Section 14(c).](h)where an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected the determination of the person or persons to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.] in such manner as he shall determine;(i)if a candidate is elected councillor for more than one ward, he shall, within three days after receipt of written notice thereof from [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.], choose, by writing signed by him and delivered to [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.], or in his default [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.] shall, when the time for choice has expired, declare for which of the wards he shall serve and the choice or declaration shall be conclusive;(j)when any such choice or declaration has been made, the votes recorded for the candidate aforesaid in any ward for which he is not to serve shall be deemed not to have been given and the candidate, if any, who but for the said votes would have been declared to have been elected for such ward shall be deemed to have been elected for the same;(k)[the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.] shall, as soon as may be, declare the result of the poll, specifying the total number of valid votes given for each candidate, [* * *] [The words and figure 'and he shall, as soon as may be, hear and decide all objections, If any, to or regarding the poll, made to him In writing not later than 5 o'clock of the afternoon of the day after the pall' were deleted by Bombay 1 of 1946, Section 12, read with Bombay 8 of 1948, Section 4.] and shall cause lists to be prepared for each ward, specifying the name of all candidates, and the number of valid [* * *] [The words 'and the number of rejected' were deleted by Bombay 1 of 1946.] votes given to each candidate. In accordance with such rules as [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 22.] may frame for the purpose and on payment of such fee as may be prescribed by him a copy of such list shall be supplied to any candidate of the ward and shall be available for inspection to any voter of the ward.]
