Section 26 in The Mumbai Municipal Corporation Act, 1888
26. Candidates at ward elections must be nominated. Provisions regarding nominations.
(1)Candidates for elections at ward elections [* * *] [The words repealed by Bombay 6 of 1922, Section 14(a).] must be duly nominated in writing in accordance with the provisions hereinafter contained.(2)With respect to such nominations, the following provisions shall have effect, namely:-(a)[The State Election Commissioner] [These words were substituted for the words 'The Commissioner' by Maharashtra 41 of 1994, Section 19(a).] shall provide printed forms of nomination papers and any person entitled to vote at the election shall be supplied, at any time, within seven days previous to the day fixed for the election [and upto 4 p.m. on the date of election,] [These words were inserted by Bombay 1 of 1925, Section 7(a).] with as many such forms as may be required, free of charge;(b)each nomination papers must state the name, abode and description of the candidate in full, and be subscribed by two persons entitled to vote at the election as proposer and seconder, [land must bear the signature of the nominated in token of his willingness to be so nominated;] [These words were inserted by Bombay 1 of 1946, Section 9(a) read with Bombay 8 of 1948, Section 4.](c)every nomination paper subscribed [and signed] [The words 'and signed' were inserted by Bombay 1 of 1946, Section 9(b).] as aforesaid must be delivered at the [the office of the State Election Commissioner] [These words were substituted for the words 'the Commissioner's office' by Maharashtra 41 of 1994, Section 19(b).] before five o'clock in the afternoon of the day fixed for the election;(d)[ each candidate must be nominated by a separate nomination paper, and a candidate may be nominated by more than one nomination paper, but any person entitled to vote shall not subscribe, whether as proposer or seconder, more than one nomination paper;] [This clause was substituted by Maharashtra 8 of 1965, Section 12(a).](dd)[ if any person subscribes more than one nomination paper, the nomination paper or papers received after receipt of the first nomination paper shall be invalid;] [Clause (dd) was substituted by Maharashtra 8 of 1965, Section 12(b).](e)if any person nominated(i)[ is not qualified to be elected as a councillor under section 14, or] [Sub-clause (i) was substituted by Maharashtra 12 of 1990, Section 3.](ii)[ has not made or caused to be made the deposit referred to in sub-section (1) of section 26A, or] [New clause (ii) was inserted by Bombay 19 of 1930, Section 3.](iii)is disqualified for being a councillor for any of the reasons set forth in section 16,[the State Election Commissioner] [These words were substituted for the word 'the Commissioner' by Maharashtra 41 of 1994, Section 19(c).] shall declare such person's nomination invalid;(f)if there is no valid nomination, it shall be deemed that no councillor has been elected and proceedings for filling the vacancy or vacancies shall be taken under section 34;[* * * * * *] [Clause (g) was deleted by Maharashtra 8 of 1965, Section 12(c).](h)[ if there is only one valid nomination, the person nominated shall be deemed to be elected;] [Clause (h) was substituted by Maharashtra 8 of 1965, Section 12(d).](j)[ if the number of valid nomination exceeds one, the election of councillor shall be made from among the persons nominated, and such election shall be termed 'a contested election': [Clause (j) was substituted by Maharashtra 8 of 1965, Section 12(e).]Provided that, if any candidate validly nominated dies or signifies in writing to [the State Election Commissioner] not later than [three days] [These words were substituted for the words 'seven days' by Maharashtra 33 of 1989, Section 3.] after the date of election his intention not to contest the election, then, if there remains only one valid nomination, the remaining candidate validly nominated shall be deemed to be elected:Provided further that, a candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be nominated as a candidate for the same election](k)if, when two or more ward elections are held simultaneously different wards, any person is deemed, under [* *] [The word, brackeets and letter clause (g) or were deleted by Maharashtra 33 of 1989, Section 12(f).] clause (h), to be elected a councillor for more than one ward, he shall within twenty-four hours 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 19(e).], 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 19(e).] or, in his default, [the State Election Commissioner] [These words were substituted for the words 'the Commissioner' by Maharashtra 41 of 1994, Section 19(e).] shall, when the time for choice has expired, declared for which one of those wards he shall serve. The choice or declaration so made shall be conclusive, and such person's nomination for the ward or wards for which he is not to serve shall be deemed to be null and void;(l)if, when ward elections are held as aforesaid, any person who is deemed under [* *] [The words, brackets and letter clause (g) or were deleted by Maharashtra 33 of 1989, Section 12(g).] clause (h), to be elected a councillor for any one or more wards, has also been duly nominated for anyone or more wards for which the number of nomination exceeds that of the vacancies, he shall within twenty-four hours after receipt of written notice thereof from [the State Election Commissioner] [These words are substituted for the word 'the Commissioner' by Maharashtra 41 of 1994, Section 19(f).] choose, by writing signed by him and delivered to [the State Election Commissioner] [These words are substituted for the word 'the Commissioner' by Maharashtra 41 of 1994, Section 19(f).] whether he shall serve for the ward, or for any one of the wards for which he is elected or will stand as a candidate at the contested election or elections for the other ward or wards. In this default, [the State Election Commissioner] [These words are substituted for the word 'the Commissioner' by Maharashtra 41 of 1994, Section 19(f).] shall, when the time for choice has expired, declared that he shall serve for the ward or for someone of the wards for which he is elected, and his nomination for any other ward shall be deemed to be null and void. If such a person chooses, by writing as aforesaid, to stand as a candidate at the contested election or elections, his nomination for the ward or wards for which he is elected shall be deemed to be null and void. Any choice or declaration made under this clause shall be conclusive.
