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State of Tamilnadu - Section

Section 43 in Tamil Nadu District Municipalities Act, 1920

43. Election of municipal councillors.

(1)For the purposes of election to a municipal council, the State Government shall, after consulting the municipal council, by notification, divide the municipality into wards and determine the number of members to be elected in accordance with such scale as may be prescribed.
(1)[Inserted by Tamil Nadu Act 17 of 1973 and subsequently omitted by Tamil Nadu Act 25 of 1994.]
(2)[ Only one member shall be elected for each ward.] [This sub-section was substituted for sub-section (2) by section 4(iii) of the Tamil Nadu District Municipalities (Amendment) Act 1973 (Tamil Nadu Act 17 of 1973).]
(3)All the electors of a ward, irrespective of their community or sex, shall be entitled to vote at an election [to the seat in that ward.] [These words were substituted for the words 'to any seat in that ward whether reserved or not' by section 4(iv) of the Tamil Nadu District Municipalities (Amendment) Act 1973 (Tamil Nadu Act 17 of 1973)]
(4)When issuing a notification under sub-section (1) which materially alters the existing division of a municipality into wards, the [State Government] [The word 'Provincial Government' were substituted for the words 'Local Government' by the Adaptation Order of 1937 and the word 'State' was substituted for 'Provincial' by the Adaptation Order of 1950] may direct that the alteration shall take effect from the next ordinary elections.
(5)[When a new ward is formed] [These words were substituted for the words 'When the number of councillors to be returned by a ward is altered or when a new ward is formed' by section 4(v) of the Tamil Nadu District Municipalities (Amendment) Act, 1973 (Tamil Nadu Act 17 of 1973)], or when an existing ward is abolished, [the Tamil Nadu State Election Commission shall determine] [Substituted by Tamil Nadu Act 25 of 1994.]-
(a)the ward which each councillor then on the council shall be deemed to represent; and
(b)the ward or wards in which elections shall be held to fill up the vacancies, if any, in the council.