[Cites 0, Cited by 0]
[Entire Act]
State of West Bengal - Section
Section 35 in The Howrah Municipal Corporation Act, 1980
35. and 36.
[* * * * * * *]| Sections 35 and 36 omitted by W.B. Act 36 of 1994. The sections were as under :-"35. Meaning ordinarily resident.- (1) A person shall be deemed to be ordinarily resident in Howrah If he generally resides in Howrah for a period of not less than one hundred and eighty-five days in a period of twelve months preceding the qualifying date :Provided that -(a) a person shall not be deemed to be ordinarily resident in Howrah on the ground only that he owns, or is in possession of, a dwelling house therein; or(b) a person, who is a patient in any establishment maintained wholly or mainly for the reception and treatment of persons suffering from mental diseases or who is detained in prison or other legal custody at any place, shall not by reason thereof be deemed to be ordinarily resident therein.Explanation.- A person shall be deemed to "reside" in any dwelling house or hut which or some portion of which he sometimes, although not uninterruptedly uses as a sleeping apartment, and such person shall not be deemed to have ceased to "reside" therein merely because he is absent from it or has elsewhere another dwelling house or hut in which he resides. if there is the liberty of returning to it or if there is no abandonment of the Intention of returning to it at any time.(2) If in any case a question arises as to whether a person is ordinarily resident in Howrah at any relevant time the question shall be determined with reference to all the facts of the case and to such rules as may be made in this behalf by the State Government.36. Preparation, revision and correction of electoral roll.- (1) The electoral roll for Howrah shall be prepared by the election authority in the prescribed manner by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made by the State Government.(2) The electoral roll shall be prepared separately for each constituency, there being several parts for different areas within each constituency.(3) The electoral roll shall, unless otherwise directed by the State Government for reasons to be recorded in writing, be revised -(i) before each general election to the Corporation, and(ii) before each bye-election to fill a casual vacancy.(4) If the election authority, on an application made to it or of its own motion, is satisfied after such enquiry as it thinks fit that any entry in the electoral roll is or has been erroneous or defective in any particular, the election authority shall, subject to such general or special directions, if any, as may be given by the State Government in this behalf, correct the entry.(5) Notwithstanding anything contained elsewhere in this Act, every person whose name is Included in such part of the electoral roll for the time being in force for election of members to the West Bengal Legislative Assembly as is adopted under the proviso to section 30 as the electoral roll for election of Councillors to the Corporation and as relates to the area comprising a constituency for election of a Councillor to the Corporation shall, so long as the electoral roll so adopted remains in force, be entitled, subject to the provisions of this Act to vote at an election of a Councillor from that constituency:Provided that no such person shall vote at an election of Councillors, if he -(a) has been adjudged by a competent court to be of unsound mind, or(b) has voluntarily acquired the citizenship of a foreign State, or(c) has been convicted of an offence under Chapter IXA of the Indian Penal Code punishable with imprisonment, or has been found In a proceeding by the Court to have committed a corrupt practice within the meaning of this Act." |