Constitution of the Corporation
3. Establishment of the Corporation.—
(1) With effect from such date as the Central Government may, by notification in the Official Gazette, appoint, there shall be a Corporation charged with the Municipal Government of Delhi, to be known as the Municipal Corporation of Delhi.
(2) The Corporation shall be a body corporate with the name aforesaid having perpetual succession and a common seal with power, subject to the provisions of this Act, to acquire, hold and dispose of property and may by the said name sue and be sued.
1[(3) (a) The Corporation shall be composed of the councillors;
(b) the following persons shall be represented in the Corporation, namely:—
(i) ten persons, who are not less than 25 years of age and who have special knowledge or experience in municipal administration, to be nominated by the Administrator: Provided that the persons nominated under this sub-clause shall not have the right to vote in the meetings of the Corporation;
(ii) members of the House of the People representing constituencies which comprise wholly or partly the area of the Corporation and the members of the Council of States registered as electors within the area of the Corporation;
(iii) as nearly as possible one-fifth of the members of the Legislative Assembly of the National Capital Territory of Delhi representing constituencies which comprise wholly or partly the area of the Corporation to be nominated by the Speaker of that Legislative Assembly, by rotation every year:
Provided that while nominating such members by rotation the Speaker shall ensure that as far as possible all the members are given an opportunity of being represented in the Corporation at least once during the duration of the Corporation;
(iv) the Chairpersons of the Committees, if any, Constituted under sections 39, 40 and 45, if they are not councillors.]
(4) Councillors shall be chosen by direct election on the basis of adult suffrage from various wards into which Delhi shall be divided in accordance with the provisions of this Act; 2***.
(5) The total number of councillors shall at the establishment of the Corporation be eighty :
Provided that twelve out of the eighty seats of councillors shall be reserved for the members of the Scheduled Castes.
3[(6) Upon the completion of each census after the establishment of the Corporation the number of seats shall be on the basis of the population of Delhi as ascertained at that census and shall be determined by the Central Government by notification in the Official Gazette and the number of seats to be reserved for the members of the Scheduled Castes shall, as nearly as may be, bear the same ratio to the total number of seats as the population of Scheduled Castes bears to the total population of Delhi:
Provided that the total number of seats shall in no case be more than one hundred and thirty-four or less than eighty:
Provided further that the determination of seats as aforesaid shall not affect the then composition of the Corporation until the expiry of the duration of the Corporation:
Provided also that for the first election to the Corporation to be held immediately after the commencement of the Delhi Municipal Corporation (Amendment) Act, 1993 the provisional population figures of Delhi as published in relation to 1991 census shall be deemed to be the population of Delhi as ascertained in that census:
Provided also that the seats reserved for the Scheduled Castes may be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct.]
1[(7) Seats shall be reserved for women belonging to the Scheduled Castes, from among the seats reserved for the Scheduled Castes, the number of such seats being determined by the Central Government by order published in the Official Gazette which shall not be less than one-third of the total number of seats reserved for the Scheduled Castes.]
2[(8) Seats shall be reserved for women, the number of such seats being determined by order published in Official Gazette by the Central Government which shall not be less than the one-third of total number of seats other than those reserved for the Scheduled Castes:
Provided that such seats reserved for women shall be allotted by rotation to different wards in such manner as the Central Government may, by order published in the Official Gazette, direct in this behalf.]
1. Subs. by Act 67 of 1993, s. 3, for sub-section (3) (w.e.f. 1-10-1993).
2. Certain words omitted by s. 3, ibid. (w.e.f. 1-10-1993).
3. Subs. by s. 3, ibid., for sub-section (6) (w.e.f. 1-10-1993).
1. Subs. by Act 67 of 1993, s. 3, for sub-section (7) (w.e.f 1-10-1993).
2. Ins. by s. 3, ibid. (w.e.f. 1-10-1993).
[3A. Division of Delhi into zones.—
(1) Delhi shall be divided into the number of zones specified in column (1) of the Fourteenth Schedule and each zone shall be known by the name specified in column 2 of that Schedule and each zone shall extend to the areas comprised in the wards specified against that zone in column 3 of the said Schedule.
(2) The Central Government may, after consultation with the Government, from time to time, by notification in the Official Gazette, alter the names, increase or diminish the area or any zone specified in column
(3) of the Fourteenth Schedule.]
3. Ins. by s. 4, ibid. (w.e.f. 1-10-1993).
4 [4. Duration of the Corporation.—
(1) The Corporation, unless sooner dissolved under section 490, shall continue for five years from the date appointed for its first meeting and no longer:
(2) An election to constitute the Corporation shall be completed—
(i) before the expiry of its duration specified in sub-section (1);
(ii) before the expiration of a period of six months from the date of its dissolution : Provided that where the remainder of the period for which the dissolved Corporation would have continued is less than six months, it shall not be necessary to hold any election under this sub-section for constituting the Corporation for such period.]
4, ibid. (w.e.f. 1-10-1993). 4. Subs. by s. 5, ibid. for section 4 (w.e.f. 1-10-1993).
Election of councillors and alderman
[5. Delimitation of wards.—
6[(1) For the purposes of election of councillors, Delhi shall be divided into single-Member wards in such manner that the population of each of the wards shall, so for as practicable, be the same throughout Delhi.]
(2) The Central Government shall, by order in the Official Gazette, determine,—
(a) the number of wards;
(b) the extent of each ward;
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(c) the wards in which seats shall be reserved for the Scheduled Castes;]
8[(d) The wards in which seats shall be reserved for women; and
(e) The manner in which seats shall be rotated under sub-sections (6) and (8) of section 3.]
5. Subs. by Act 42 of 1961, s. 3, for section 5 (w.e.f. 12-9-1961).
6. Subs. by Act 55 of 1974, s. 4, for sub-section (1) (w.e.f. 10-1-1975).
7. The word “and” omitted by Act 67 of 1993, s. 6 (w.e.f. 1-10-1993).
8. Ins. by s. 6, ibid. (w.e.f. 1-10-1993).
5A. [Special provision as to delimitation, etc.]—
Omitted by the Delhi Municipal Corporation Amendment Act 1993 (67 of 1993), s. 7 (w.e.f. 1-10-1993).
6. Power to alter or amend delimitation orders.—
The Corporation, with the previous approval of the Central Government may, from time to time by order in the Official Gazette, alter or amend any order made under section 5. 1
[2[7. Elections to the Corporation.—
(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation shall be vested in the Election Commission of the National Capital Territory of Delhi consisting of an Election Commissioner to be appointed by the Administrator.
(2) Subject to the provisions of any law made by the Legislative Assembly of the National Capital Territory of Delhi, the conditions of service and tenure of office of the Election Commissioner shall be such as the Administrator may by rules determine:
Provided that the Election Commissioner shall not be removed from office except in a like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment.
(3) The Administrator shall, when so requested by the Election Commission make available to that Commission such staff which the Administrator considers necessary for discharge of the functions conferred on the Election Commission by sub-section (1).]
1. Subs. by Act 55 of 1974, s. 5, for section 7 (w.e.f. 10-1-1975).
2. Subs. by Act 67 of 1993, s. 8, for section 7 (w.e.f. 1-10-1993).
7A. Electoral roll for every ward.—
For every ward there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act and the rules made thereunder.]
7B. Electoral registration officers.—
(1) The electoral roll for each ward shall be prepared and revised by an electoral registration officer who shall be such officer of Government or the Corporation as [the Election Commission may, in consultation with the Government,] designate or nominate in this behalf.
(2) To assist the electoral registration officer in the discharge of his functions under sub-section (1) the 4[Election Commission may employ such persons as it thinks fit].
7C. Assistant electoral registration officers.—
(1) 5[The Election Commission] may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.
7D. Registration of Electors.—
The persons entitled to be registered as electors in the electoral roll of 6[an assembly constituency] in Delhi as relates to the area comprised within a ward shall be entitled to be so registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950 (43 of 1950) shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of 6[an assembly constituency].
Explanation—
In this section, in sub-section (1) of section 7E and in clause (ag) of sub-section (1) of section 31, the expression 6[an assembly constituency] has the meaning assigned to it under the Representation of the People Act, 1950 (43 of 1950).
7E. Preparation and revision of electoral rolls.—
(1) The electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose:
Provided that if the 1[Election Commission] is satisfied that, instead of preparing a fresh electoral roll of a ward before a general election, it would be sufficient to adopt the electoral roll of 2[the assembly constituency] for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of 2[the assembly constituency] for the time being in force as relates to the ward shall, subject to any rules made for the purpose, be the electoral roll of the ward for the general election.
(2) The electoral roll prepared or adopted, as the case may be, under subsection (1) shall—
(a) unless otherwise directed by the 1[Election Commission], for reasons to be recorded in writing, be revised in the manner prescribed by rules by reference to the qualifying date before each bye-election to fill a casual vacancy in a seat allotted to the ward; and
(b) be revised in any year in the manner prescribed by rules by reference to the qualifying date if such revision has been directed by the 1[Election Commission]: Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.
(3) Notwithstanding anything contained in sub-section (2), the 1[Election Commission] may, at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any ward or part of a ward in such manner as it may think fit: Provided that the electoral roll for the ward as in force at the time of the issue of any such direction shall continue to be in force until the completion of the special revision so directed.
Explanation:—
In this section, the expression “qualifying date” means such date as the 1[Election Commission] may, by order, specify in this behalf.
7F. Correction of entries in electoral roll.—
If the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll for any ward—
(a) is erroneous or defective in any particular; or
(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within such ward; or
(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is otherwise not entitled to be registered in that the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the 3 [Election Commission] in this behalf, amend, transpose or delete the entry:
Provided that before taking any action on the ground specified in clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident within such ward or that he is otherwise not entitled to be registered in the electoral roll of such ward, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.
7G. Inclusion of names in electoral roll.—
(1) Any person whose name is not included in the electoral roll of a ward may apply to the electoral registration officer for the inclusion of his name in that roll.
(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:
Provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that Officer shall, on receipt of the information, strike off the applicant’s name from that roll.
(3) No amendment, transposition or deletion of any entry shall be made under section 7F and no direction for the inclusion of a name in the electoral roll of a ward shall be given under this section after the last date for making nominations for an election in that ward and before the completion of that election.
7H. Appeal.—
An appeal shall lie within such time and in such manner as may be prescribed by rules to the 1[Election Commission] from any order of the electoral registration officer under section 7F or section 7G.
7 I. Jurisdiction of civil courts barred.—
No civil court shall have jurisdiction—
(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or
(b) to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the 2[Election Commission].] 3
8. Qualifications for councillorship.—
A person shall not be qualified to be chosen as a councillor [unless he has attained the age of twenty-one years and his name] is registered as an elector in the electoral roll for a ward: Provided that in the case of a seat reserved for the Scheduled Castes, a person shall not be so qualified unless he is also a member of any of the said castes:
4 [Provided further that in the case of a seat reserved for woman, no person other than a woman shall be qualified to be chosen as a councillor.]
9. Disqualifications for membership of Corporation.—
(1) A person shall be disqualified for being chosen as, and for being, a councillor, 5[***]—
(a) if he is of unsound mind and stands so declared by a competent court;
(b) if he is an undischarged insolvent;
(c) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State;
[(d) if he is so disqualified by or under any law for the time being in force for the purposes of elections to the Legislative Assembly of the National Capital Territory of Delhi;
(e) if he is so disqualified by or under any law made by the Legislative Assembly of the National Capital Territory of Delhi;]
(f) if he holds any office of profit under the Corporation;
(g) if he holds any office of profit under the Government 7[or Central Government];
(h) if he is a licensed architect, draughtsman, engineer, plumber, surveyor or town planner or is a partner of a firm of which any such licensed person is also a partner;
(i) if he is interested in any subsisting contract made with, or any work being done for, the Corporation except as a shareholder (other than a director) in an incorporated company or as a member of a cooperative society;
(j) if he is retained or employed in any professional capacity either personally or in the name of a firm of which he is a partner or with which he is engaged in a professional capacity, in connection with any cause or proceeding in which the Corporation or any of the municipal authorities is interested or concerned;
(k) if he, having held any office under the Government, the Corporation or any other authority, has been dismissed for corruption or disloyalty to the State unless a period of four years has elapsed since his dismissal or the disqualification has been removed by the 1[Election Commission];
(l) if he fails to pay any arrears of any kind due by him, otherwise than as an agent, receiver, trustee or an executor, to the Corporation within three months after a notice in this behalf has been served upon him.
(2) Notwithstanding anything contained in sub-section (1)—
2 * * * * *
(b) a person shall not be deemed to have incurred any disqualification under clause (f) or clause (g) of that sub-section by reason only of his receiving—
(i) any pension; or
(ii) any allowance or facility for serving as the Mayor or Deputy Mayor or as a councillor 3***; or
4[(iii) any fee for attendance at meetings of any committee of the Corporation;]
(c) a person shall not be deemed to have any interest in a contract or works such as is referred to in clause (i) of that sub-section by reason only of his having a share or interest in—
(i) any lease, sale, exchange or purchase of immovable property or any agreement for the same; or
(ii) any agreement for the loan of money or any security for the payment of money only; or
(iii) any newspaper in which any advertisement relating to the affairs of the Corporation is inserted; or
(iv) the sale to the Corporation or to any municipal authority or any officer or other employee of the Corporation on behalf of the Corporation, of any article in which he regularly trades or the purchase from the Corporation or from any such authority, officer or other employee on behalf of the Corporation, of any article of a value in either case not exceeding five thousand rupees in the aggregate in any year during the period of the contract or work; or
(v) the letting out on hire to the Corporation or the hiring from the Corporation of any article of a value not exceeding two thousand rupees in the aggregate in any year during the period of the contract or work; or
5[(vi) any agreement or contract with the Corporation or any municipal authority for any goods or services which the Corporation may generally supply]
(3) If a person sits or votes as a member of the Corporation when he knows that he is not qualified or that he is disqualified for such membership, he shall be liable in respect of each day on which he so sits or votes to a penalty of three hundred rupees to be recovered as an arrear of tax under this Act.
10. Right to vote.—
(1) Every person whose name is, for the time being, entered in the electoral roll for a ward shall be entitled to vote at the election of a councillor from that ward.
6 * * * * *
11. General elections of councillors.—
(1) A general election of councillors shall be held for the purpose of constituting the Corporation under section 3.
7 * * *
(3) For the aforesaid purposes the 1[Election Commission] shall, by one or more notifications published in the Official Gazette; call upon all the wards to elect councillors in accordance with the provisions of this Act and the rules and orders made thereunder before such date or dates as may be specified in the notification or notifications:
Provided that where in any ward a seat has been reserved for the Scheduled Castes, such notification or notifications shall specify that the person to fill that seat shall belong to one of the said castes:
2 [Provided further that where in any ward a seat has been reserved for woman, such notification or notifications shall specify that the person to fill that seat shall be a woman.]
12. Filling of casual vacancies in councillorship.—
(1) When a casual vacancy occurs in the office of a councillor the 3[Election Commission] shall, soon as may be after the occurrence of such vacancy and subject to the provisions of sub-section (2), by a notification in the Official Gazette, call upon the ward concerned to elect a person for the purpose of filling the vacancy in accordance with the provisions of this Act and the rules and orders made thereunder before such date as may be specified in the notification:
Provided that no election shall be held to fill a casual vacancy occurring within 4[six months] prior to the holding of a general election under section 11.
(2) If the vacancy be a vacancy in a seat reserved for the Scheduled Castes the notification issued under sub-section (1) shall specify that the person to fill that seat shall belong to one of the Scheduled Castes.
5[(3) If the vacancy be a vacancy in a seat reserved for women the notification issued under sub section (1) shall specify that the person to fill that seat shall be a woman.]
13. [Election of aldermen.]—
Omitted by the Delhi Municipal Corporation Amendment Act 1993 (67 of 1993), s. 20 (w.e.f. 1-10-1993).
[14. Publication of result of election.—
The names of all persons elected as councillors shall, as far as may be, after each election, be published by the Election Commission simultaneously in the Official Gazette.]
Disputes regarding elections
15. Election petitions.—
(1) No election of a councillor 7*** shall be called in question except by an election petition presented to the court of the district judge of Delhi within fifteen days from the date of the publication of the result of the election under section 14.
8[(2) An election petition calling in question any such election may be presented under any of the grounds specified in section 17 by any candidate at such election, by any elector of the ward concerned or by any councillor.]
(3) A petitioner shall join as respondents to his petition all the candidates at the election.
(4) An election petition—
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908) for the verification of pleadings.
16. Relief that may be claimed by the petitioner.—
(1) A petitioner may claim—
(a) a declaration that the election of all or any of the returned candidates is void, and
(b) in addition thereto, a further declaration that he himself or any other candidate has been duly elected.
(2) The expression “returned candidate” means a candidate whose name has been published in the Official Gazette under section 14.
17. Grounds for declaring elections to be void.—
(1) Subject to the provisions of sub-section (2) if the court of the district judge is of opinion—
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as a councillor 1*** under this Act, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agent, or
(c) that any nomination paper has been improperly rejected, or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected—
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice committed in the interests of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent, or
(iii) by the improper acceptance or refusal of any vote or reception of any vote which is void, or
(iv) by the non-compliance with the provisions of this Act or of any rules or orders made thereunder, the court shall declare the election of the returned candidate to be void.
(2) If in the opinion of the court, a returned candidate has been guilty by an agent of any corrupt practice, but the court is satisfied—
(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents; then the court may decide that the election of the returned candidate is not void.
18. Procedure to be followed by the district judge.—
The procedure provided in the Code of Civil Procedure, 1908 (5 of 1908), in regard to suits shall be followed by the court of the district judge as far as it can be made applicable, in the trial and disposal of an election petition under this Act.
19. Decision of the district judge.—
(1) At the conclusion of the trial of an election petition, the court of the district judge shall make an order—
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner and any other candidates to have been duly elected.
(2) If any person who has filed an election petition has, in addition to calling in question the election of the returned candidate, claimed declaration that he himself or any other candidate has been duly elected and the court of the district judge is of opinion—
(a) that in fact the petitioner or such other candidate received a majority of the valid votes, or
(b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes, the court shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
20. Procedure in case of equality of votes.—
If during the trial of an election petition it appears that there is an equality of votes between any candidates at the election and that the addition of a vote would entitle any of those candidates to be declared elected, then, the court of the district judge shall decide between them by lot and proceed as if the one on whom the lot falls had received an additional vote.
21. Finality of decisions.—
(1) An order of the court of the district judge on an election petition shall be final and conclusive.
(2) An election of a councillor 1*** not called in question in accordance with the foregoing provisions shall be deemed to be a good and valid election.
Corrupt practices and electoral offences
22. Corrupt practices.—
The following shall be deemed to be corrupt practices for the purposes of this Act:—
(1) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (43 of 1951).
(2) Undue influence as defined in clause (2) of the said section.
(3) The systematic appeal by a candidate or his agent or by any other person, to vote or refrain from voting on grounds of caste, race, community or religion or the use of or appeal to, religious symbols or, the use of or appeal to, national symbols such as the national flag or the national emblem, for the furtherance of the prospects of that candidate's election.
(4) The publication by a candidate or his agent or by any other person of any statement of fact which is false, and which he either believes to be false or does not believe to be true in relation to the personal character or conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any candidate being a statement reasonably calculated to prejudice the prospects of that candidate's election.
(5) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person for the conveyance of any elector (other than the candidate himself, and the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act:
Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by an elector at his own cost for the purpose of going to or coming from any such polling station shall not be deemed to be a corrupt practice under this clause.
Explanation—
In this clause the expression "vehicle" means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise.
(6) The holding of any meeting in which intoxicating liquors are served.
(7) The issuing of any circular, placard or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof.
(8) Any other practice which the Central Government may by rules specify to be a corrupt practice.
23. Maintenance of secrecy of voting.—
(1) Every officer or clerk, agent or other person who performs any duty in connection with the recording or counting of votes at an election shall maintain and aid in maintaining the secrecy of the voting and shall not (except for some purpose authorised by or under any law) communicate to any person any information calculated to violate such secrecy.
(2) Any person who contravenes the provisions of sub-section (1) shall be punishable with imprisonment for a term which may extend to three months or with fine, or with both.
24. Officers, etc., at elections not to act for candidates or to influence voting.—
(1) No person who is a returning officer, or an assistant returning officer or a presiding officer or polling officer at an election, or an officer or clerk appointed by the returning officer or the presiding officer to perform any duty in connection with an election or a member of a police force shall in the conduct or management of the election do any act (other than the giving of votes) for the furtherance of the prospects of the election of a candidate.
(2) No such person as aforesaid shall endeavour—
(a) to persuade any person to give his vote at an election; or
(b) to dissuade any person from giving his vote at an election; or
(c) to influence the voting of any person at an election in any manner.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
25. Prohibition of canvassing in or near polling station and of public meeting on election day.—
(1) No person shall, on the date or dates on which the poll is taken at any polling station, commit any of the following acts within the polling station or in any public or private place within a distance of one hundred yards of the polling station, namely:—
(a) canvassing for votes; or
(b) soliciting the vote of any elector; or
(c) persuading any elector not to vote for any particular candidate; or
(d) persuading any elector not to vote at the election; or
(e) exhibiting any notice or sign (other than an official notice) relating to the election.
(2) No person shall convene, hold or attend any public meeting within any ward on the date or dates on which a poll is taken for an election in that ward.
(3) Any person who contravenes the provisions of sub-section (1) or sub-section (2) shall be punishable with fine which may extend to two hundred and fifty rupees.
(4) An offence punishable under this section shall be cognizable.
26. Penalty for disorderly conduct in or near polling station.—
(1) No person shall, on the date or dates on which a poll is taken at any polling station—
(a) use or operate within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof any apparatus for amplifying or reproducing the human voice, such as a megaphone or a loud-speaker; or
(b) shout or otherwise act in a disorderly manner, within or at the entrance of the polling station or in any public or private place in the neighbourhood thereof;
so as to cause annoyance to any person visiting the polling station for the poll, or so as to interfere with the work of the officer and other persons on duty at the polling station.
(2) Any person who contravenes or wilfully aids or abets the contravention of the provisions of sub section (1), shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(3) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under this section, he may direct any police officer to arrest such person, and thereupon the police officer shall arrest him.
(4) Any police officer may take such step and use such force, as may be reasonably necessary for preventing any contravention of the provisions of sub-section (1), and may seize any apparatus used for such contravention.
(5) An offence punishable under this section shall be cognizable,
27. Penalty for misconduct at the polling station.—
(1) Any person who during the hours fixed for the poll at any polling station, misconducts himself or fails to obey the lawful directions of the presiding officer, may be removed from the polling station by the presiding officer or by any police officer on duty or by any person authorised in this behalf by such presiding officer.
(2) The powers conferred by sub-section (1) shall not be exercised so as to prevent any elector who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.
(3) If any person who has been so removed from a polling station, re-enters the polling station without the permission of the presiding officer, he shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.
(4) An offence punishable under sub-section (3) shall be cognizable.
28. Breaches of official duty in connection with election.—
(1) If any person to whom this section applies, is without reasonable cause guilty of any act or omission in breach of his official duty, he shall be punishable with fine which may extend to five hundred rupees.
(2) No suit or other legal proceeding shall lie against any such person for damages in respect of any such act or omission as aforesaid.
(3) The persons to whom this section applies are returning officers, assistant returning officers, presiding officers, polling officers and any other person appointed to perform any duty in connection with the election; and the expression “official duty” shall for the purposes of this section be construed accordingly.
29. Removal of ballot papers from polling station to be an offence.—
(1) Any person who at an election fraudulently takes or attempts to take a ballot paper out of a polling station, or wilfully aids or abets the doing of any such act, shall be punishable with imprisonment for a term which may extend to one year, or with fine which may extend to five hundred rupees, or with both.
(2) If the presiding officer of a polling station has reason to believe that any person is committing or has committed an offence punishable under sub-section (1), such officer may, before such person leaves the polling station, arrest or direct a police officer to arrest such person and may search such person or cause him to be searched by a police officer:
Provided that when it is necessary to cause a women to be searched, the search shall be made by another woman with strict regard to decency.
(3) Any ballot paper found upon the person arrested on search1[or a ballot box or a voting machine or part thereof found being carried away by a person outside the polling station] shall be made over for safe custody to a police officer by the presiding officer or when the search is made by a police officer, shall be kept by such officer in safe custody.
(4) An offence punishable under sub-section (1) shall be cognizable.
30. Other offences and penalties therefor.—
(1) A person shall be guilty of an electoral offence if at any election he—
(a) fraudulently defaces or destroys any nomination paper; or
(b) fraudulently defaces, destroys or removes any list, notice or other document affixed by or under the authority of the returning officer; or
(c) fraudulently defaces or destroys any ballot paper or the official mark on any ballot paper; or
(d) without due authority supplies any ballot paper to any person or receives any ballot paper from any person or is in possession of any ballot paper; or
(e) fraudulently puts into any ballot box anything other than the ballot paper which he is authorised by law to put in; or
(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or ballot paper then in use for the purposes of the election; or
(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts or wilfully aids or abets the doing of any such acts.
(2) Any person guilty of an offence under this section shall—
(a) if he is a returning officer or an assistant returning officer or a presiding officer or a polling officer or any other officer or clerk employed on official duty in connection with the election, be punishable with imprisonment for a term which may extend to two years, or with fine, or with both;
(b) if he is any other person, be punishable with imprisonment for a term which may extend to six months, or with fine, or with both.
(3) For the purposes of this section, a person shall be deemed to be on official duty if his duty is to take part in the conduct of any election or part of an election including the counting of votes or to be responsible after an election for the used ballot papers and other documents in connection with such election.
(4) An offence punishable under clause (b) of sub-section (2) shall be cognizable. (
5) No court shall take cognizance of any offence under section 24, or under section 28, or under clause (a) of sub-section (2) of this section unless there is a complaint made by order of, or under authority from, the 1[Election Commission].
Power to make rules
31. Power to make rules regulating the election of councillors and aldermen.—
(1) The Central Government may make rules to provide for or regulate all or any of the following matters 2[for the purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections] of councillors 3*** under this Act, namely:—
4[(a) the particulars to be entered in the electoral rolls;
(aa) the preliminary publication of electoral rolls;
(ab) the manner in which and the time within which claims and objections as to entries in electoral rolls may be preferred;
(ac) the manner in which notices of claims or objections shall be published;
(ad) the place, date and time at which claims or objections shall be heard and the manner in which claims or objections shall be heard and disposed of;
(ae) the final publication of electoral rolls;
(af) the revision and correction of electoral rolls and inclusion of names therein;
(ag) the manner in which and the purpose for which the electoral roll of 1[an assembly constituency] may be used;
(ah) the correction of electoral rolls on change of extent or boundaries of wards;]
(b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;
(c) the nomination of candidates, form of nomination papers, objections to nomination and scrutiny of nominations;
(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be returned to candidates or forfeited to the Corporation;
(e) the withdrawal of candidatures;
(f) the appointment of agents of candidates;
(g) the procedure in contested and uncontested elections and the special procedure at elections in wards where any seat is reserved for the Scheduled Castes 2[and women];
(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 ward,
(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 voters by reference to 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 votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability,
(vii) the procedure to be followed in respect of challenged votes and tendered votes,
(viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ward,
(ix) the custody and disposal of papers relating to elections,
(x) the suspension of polls 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 of 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;
3[(hh) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitioning, eviction from requisitioned premises and release of premises from requisition;]
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(j) the fee to be paid on an election petition;
(k) any other matter 2[relating to electoral rolls or elections] or election disputes in respect of which the Central Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Central Government necessary.
(2) In making any rule under this section the Central Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.
Councillors and aldermen
3[32. Oath or affirmation.—
(1) Every councillor and every person nominated under sub-clause (i) of clause (b) of sub-section (3) of section 3, before taking his seat, make and subscribe at a meeting of the Corporation an oath or affirmation according to the following form, namely:—
(2) If a person sits or votes as a councillor or sits as a representative before he has complied with the requirements of sub-section (1) he shall be liable in respect of each day on which he sits or votes as the case may be, to a penalty of three hundred rupees to be recovered as arrears of tax under this Act.]
4[32A. Declaration of assets.—
(1) Every councillor shall, not later than thirty days after making and subscribing the oath or affirmation under sub-section (1) of section 32 and before the last day of the same month in each succeeding year, file with the Mayor a declaration in such form as may be prescribed by rules by the Central Government, of all the assets owned by him and members of his family and. such declaration shall form part of the records of the Corporation.
Explanation—
For the purposes of this sub-section, “family” means the spouse and dependant children of the councillor.
(2) A person shall be disqualified for being a councillor—
(a) if he fails to file a declaration referred to in sub-section (1); or
(b) if he files a declaration under that sub-section which is either false or which he knows or believes to be false.
32B. Vacation of seats in case of multiple membership.—
No councillor shall be a member both of the Corporation and Parliament or the Legislative Assembly and if a person is so chosen, then at the expiration of fourteen days from the date of the publication in the Gazette of India, or as the case may be, in the Official Gazette, whichever is later that he has been so chosen, that person’s seat in Parliament or the Legislative Assembly shall become vacant unless he has previously resigned his seat in the Corporation.]
33. Vacation of seats.—
(1) If a councillor 5***—
(a) becomes subject to any of the disqualifications mentioned in 6[section 9 or sub-section (2) of section 32A or],
(b) resigns his seat by writing under his hand addressed to the Mayor and delivered to the Commissioner, his seat shall thereupon become vacant.
(2) If during three successive months, a councillor 1*** is, without permission of the Corporation, absent from all the meetings thereof, the Corporation may declare his seat vacant.
2[(3) If any question arises as to whether a councillor 1*** has become subject to any of the disqualifications mentioned in section 9 or sub-section (2) of section 32A, the question shall be referred for the decision of the Administrator and his decision shall be final.]
3[(4) Before giving any decision on any such question the Administrator shall obtain the opinion of the Election Commission and shall act according to such opinion.]
4 [33A. Powers of Election Commission.—
(1) Where in connection with the tendering of any opinion to the Administrator under sub-section (4) of section 33, the Election Commission considers it necessary or proper to make an inquiry, and the Commission is satisfied that on the basis of the affidavits filed and the documents produced in such inquiry by the parties concerned of their own accord, it cannot come to a decisive opinion on the matter which is being inquired into, the Commission shall have, for the purposes of such inquiry, the powers of a civil court, while trying a suit under the Code of Civil Procedure, 1908, (5 of 1908) in respect of the following matters, namely:—
(a) summoning and enforcing the attendance of any person and examining him on oath;
(b) requiring the discovery and production of any document or other material object producible as evidence;
(c) receiving evidence on affidavits;
(d) requisitioning any public record or a copy thereof from any court or office;
(e) issuing commissions for the examination of witnesses or documents.
(2) The Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject-matter of the inquiry.
(3) The Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (45 of 1860), is committed in the view or presence of the Commission, the Commission may, after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973.
(4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (45 of 1860).
33B. Statements made by persons to the Election Commission.—
No statement made by a person in the course of giving evidence before the Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement—
(a) is made in reply to a question which he is required by the Commission to answer; or
(b) is relevant to the subject-matter of the inquiry.
33C. Procedure to be followed by the Election Commission.—
The Election Commission shall have the power to regulate its own procedure (including the fixing of places and times of its sittings and deciding whether to sit in public or in private).
33D. Protection of action taken in good faith.—
No suit, prosecution or other legal proceedings shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of sections 33A to 33C or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Administrator or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.]
34. Payment of allowances to councillors and aldermen.—
1[The councillors and the persons referred to in clause (b) of sub-section (3) of section 3] shall be entitled to receive allowances for attendance at meetings of the Corporation and of any of its committees at such rate as may be determined by rules made in this behalf.
Mayor and Deputy Mayor
35. Annual election of Mayor and Deputy Mayor.—
(1) The Corporation shall at its first meeting in each year elect one of its members to be 2[the Chairperson to be known as] the Mayor and another member to be the Deputy Mayor of the Corporation:
[Provided that during the duration of the Corporation the office of the Mayor shall be reserved in favour of a member who is a woman for the first year of the Corporation and in favour of a member belonging to a Scheduled Caste for the third year of the Corporation.]
(2) On the occurrence of any vacancy in the office of the Mayor or the Deputy Mayor, the Corporation shall within one month of the occurrence of such vacancy elect one of its members as Mayor or Deputy Mayor, as the case may be.
3[(3) If the vacancy be a casual vacancy in the office of the Mayor and is reserved for woman or for Scheduled Castes, the vacancy shall be filled by electing one of the councillors from amongst women or a member of the Scheduled Castes as the case may be.]
36. Term of office of the Mayor and Deputy Mayor and facilities and privileges of the Mayor.—
(1) The Mayor or the Deputy Mayor shall hold office from the time of his election until the election of his successor in office, unless in the meantime he resigns his office as Mayor or Deputy Mayor 4*** or unless in the case of the Deputy Mayor he is elected as Mayor.
(2) The Mayor or the Deputy Mayor may be given such facilities in respect of residential accommodation, conveyance and the like as may be determined in each case by rules made in this behalf.
(3) The Mayor shall have full access to all the records of the Corporation and may obtain reports—
5*** from the Commissioner on any matter connected with the municipal government of Delhi;
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37. Discharge of functions of the Mayor by the Deputy Mayor.—
(1) When the office of the Mayor is vacant, the Deputy Mayor shall act as Mayor until a new Mayor is elected.
(2) When the Mayor is absent from his duty on account of illness or any other cause, the powers, duties and functions of the Mayor shall be exercised and performed by the Deputy Mayor.
(3) The Mayor may by order in writing delegate any of his powers, duties and functions to the Deputy Mayor.
38. Resignation of Mayor and Deputy Mayor.—
(1) The Mayor may, by writing under his hand addressed to the Deputy Mayor and delivered to the 1[Municipal Secretary], resign his office.
(2) The Deputy Mayor may, by writing under his hand addressed to the Mayor and delivered to the [Municipal Secretary], resign his office.
(3) A resignation under sub-section (1) or sub-section (2) shall take effect from the date on which it is delivered.
Committees of the Corporation
39. Rural Areas Committee and Education Committee.—
(1) In addition to the Standing Committee, 2[and the Wards Committee] referred to in section 44, there shall be a Rural Areas Committee and an Education Committee of the Corporation,
(2) The Rural Areas Committee shall consist of all the councillors elected from the wards situated within the rural areas.
(3) It shall be the duty of the Rural Areas Committee—
(a) to make recommendations to the Corporation—
(i) in relation to the functions of the Corporation which may be discharged within the rural areas and questions of policy and schemes relating to the development of such areas;
(ii) in relation to taxes which the Corporation proposes to levy in the rural areas; and
(iii) generally in relation to the expenditure that may be incurred by the Corporation for the municipal government in those areas;
(b) to review the progress of work of the Corporation in the rural areas;
(c) to bring to the notice of the appropriate municipal authorities deficiencies in the rural areas and make proposals to those authorities for the removal of such deficiencies;
(d) to discharge such other functions in relation to the rural areas as may be assigned to it by resolution made by the Corporation or by regulations made under this Act.
(4) The Corporation or any of the municipal authorities specified in section 44 shall not take any action, in relation to any of the matters specified in sub-clauses (i), (ii) and (iii) of clause (a) of sub-section (3) except in consultation with the Rural Areas Committee.
(5) The Education Committee shall consist of seven members of whom such number not exceeding three as may be determined by the Corporation, shall be nominated by the Corporation, from among experts in education who are not members of the Corporation and the rest shall be elected by the members of the corporation from among themselves at the first meeting of the Corporation after each general election or as soon as possible at any other meeting subsequent thereto.
(6) The Education Committee shall exercise and perform such powers, duties and functions in relation to education in Delhi as may be determined by regulations made in this behalf.
(7) The Rural Areas Committee as well as the Education Committee shall at its first meeting in each year elect one of its members 3[who is a councillor to be the Chairman and another member to be the Deputy Chairman].
40. Special and ad hoc committies and ward committees, etc.—
(1) The Corporation may constitute as many special and ad hoc committees as it thinks fit for the exercise of any power or discharge of any function which the Corporation may by resolution delegate to them or for inquiring into, reporting or advising upon any matter which the Corporation may refer to them.
(2) Any such committee shall consist of members of the Corporation only:
Provided that an ad hoc committee may with the sanction of the Corporation co-opt not more than three persons who are not members of the Corporation but who in the opinion of the Corporation possess special qualifications for serving on such committee.
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(6) Each committee constituted under this section shall elect one of its members 2[who is a councillor] as the Chairman and another member as the Vice-Chairman.
(7) Any matter relating to each of the committees constituted under section 39 or this section, not expressly provided in this Act may be provided by regulations made in this behalf.
