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[Cites 0, Cited by 14] [Section 5] [Entire Act]

State of Maharashtra - Subsection

Section 5(3) in The Maharashtra Municipal Corporations Act, 1949

(3)The [State Election Commissioner] shall, from time to time, by notification in the Official Gazette, specify for each City the number and boundaries of the wards into which such City shall be divided for the purpose of the ward election of councillors [so that, as far as practicable,] all wards shall be compact areas and the number of persons in each ward according to the latest census figures shall approximately be the same. Each of the ward shall [elect as far as possible two Councillors but not less than two and not more than three Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward][Provided that, after the commencement of the Maharashtra Municipal Corporations and the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships (Amendment) Act, 2016 [but till the day immediately preceding the date of the publication of the Maharashtra Municipal Corporations (Amendment) Act, 2019 (Maharashtra XXXVI of 2019) in the Official Gazette], in respect of the general elections to the Corporation, each of the wards shall elect as far as possible four Councillors but not less than three and not more than five Councillors, and each voter shall, notwithstanding anything contained in this Act, be entitled to cast the same number of votes, as the number of Councillors to be elected in his ward :][[Provided further that], no notification issued under sub-section (3), whether before or after the commencement of the Maharashtra Municipal Corporations, Municipal Councils, Nagar Panchayats and Industrial Townships (Third Amendment) Act, 1995, shall have effect except for the general election held next after the date thereof and for subsequent elections.][* * * * *][Provided also that, before any notification is issued under sub-section (3), a draft thereof shall be published in the Official Gazette, and in such other manner as in the opinion of the [State Election Commissioner] is best calculated to bring the information to the notice of all persons likely to be affected thereby, together, with a notice specifying the date on or before which any objections or suggestions will be received, and the date after which the draft will be taken into consideration.][Explanation. - For the purposes of this Act, the expression "latest census figures" obtaining in sub-section (3), shall mean, -
(a)the figures of the latest census finally published and pending publication of final figures of the latest census shall mean the provisional figures published of such census; and
(b)where the relevant final or provisional figures of the latest census are not available, the final relevant figures of the census immediately preceding the latest census.]
[Explanation II.- In this sub-section and sub-section (4), "Scheduled Tribes" means such tribes or tribal communities or parts of, or groups within, such tribes or tribal communities as are deemed to be Scheduled Tribes in relation to the State of Maharashtra under Article 342 of the Constitution of India.][(4) Notwithstanding anything contained in sub-section (3) or any other provisions of this Act, where the area of a City has been extended after the General Elections, an election to provide for representation to the people of the extended area may be held as soon as practicable, and the provisions of sub-section (3) shall, mutatis mutandis, apply to such election:Provided that, the total number of wards in the city including the wards newly constituted for the extended area under this sub-section shall not exceed the number of electoral wards specified in the Table in clause (a) of sub-section (2):Provided further that, the population of the wards newly constituted under this sub­section may marginally exceed or be below the average population of the other wards:Provided also that, the terms of the Councillors elected from the wards newly constituted under this sub-section shall be co-terminus with the term of the Corporation.