Section 55 in Karnataka Municipal Corporations Act, 1976
55. [Control of elections and power to make] [Substituted by Act 19 of 1991 w.e.f.19.2.1990.] rules regulating the election of councillors.
- [(1) The superintendence, direction and control of the preparation of electoral roll for, and conduct of elections to the Corporation shall be vested in the State Election Commission.] [Substituted by Act 35 of 1994 w.e.f.1.6.1994.](2)[] [Re-numbered by Act 19 of 1991 w.e.f.19.2.1990.] [[Subject to sub-section (1)] [Substituted by Act 19 of 1991 w.e.f.19.2.1990.] the Government] may 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)the appointment of a returning officer, assistant returning officers, presiding officers and polling officers for the conduct of elections;(b)the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;(c)the symbols that may be chosen by candidates representing political parties and other candidates at elections and the restriction to which their choice is subject;(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 candidates;(f)the appointment of agents of candidates;(g)the procedure in contested and uncontested elections and the special procedure at elections in [wards] [Substituted by Act 35 of 1994 w.e.f.1.6.1994.] where any seat is reserved for the Scheduled Castes or Scheduled Tribes [Backward Classes or Women] [Substituted by Act 35 of 1994 w.e.f.1.6.1994.] [x x x] [Omitted by Act 24 of 1978 w.e.f.29.9.1978.];(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 [wards] [Substituted by Act 35 of 1994 w.e.f.1.6.1994.], 1. Substituted by Act 35 of 1994 w.e.f.1.6.1994.(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 votes by reference by 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 cotes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability,(via)[ the manner of giving and recording of votes by voting machines;] [Deemed to have been Inserted by Act 17 of 2009 w.e.f. 28.5.2009.](vii)procedure to be followed in respect of challenged votes and tendered votes,(viii)the scrutiny and counting of votes, the declaration and publication of the results and the procedure in case of equality of votes,(ix)the custody and disposal of papers relating to elections,(x)the suspension of poll 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 or destruction of or tampering with ballot boxes before the count,(xii)the countermanding of the poll in the case of the death of a candidate before the poll;(i)the fee to be paid on an election petition;(j)any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section. [(3)] [Re-numbered by Act 19 of 1991 w.e.f.19.2.1990.] In making any rule under this section the Government may provide that any contravention thereof shall, on conviction, be punished with fine which may extend to one hundred rupees.
