Amendment status not verified — confirm the current text below against the official source.
With respect to the election of councillors for the purposes of sub-paragraph (a) of paragraph 11 the following provisions shall have effect, namely:— (a) the Commissioner shall, in respect of the election of councillors by the councillors or members of each local authority specified in the said sub-paragraph (a) within fifteen days of the appointed date, by advertisement in the local newspapers fix a date for the nomination of candidates, a date, time and place of the recording of votes in the event contested elections, and a date, time and place for the counting of votes: Provided that the date fixed for the nomination of candidates shall not be earlier than ten days after the date of the notice: Provided further that a copy of the notice shall be sent by registered post to the last known address of each person referred to in sub-paragraph (a) of paragraph 11 concerned with the election; (b) the nomination paper shall be in Form A appended hereto and shall be signed and subscribed by two person entitled to vote at the election as proposer and seconder and shall bear the signature of the person nominated in token of his willingness to be so nominated; (c) every nomination paper signed and subscribed as aforesaid shall be delivered in the Commissioner’s office before five o’clock in the afternoon of the day fixed for the nomination of candidates; (d) each candidate must be nominated by a separate nomination paper, but any person entitled to vote at an election may subscribe as many nomination papers as there are vacancies to be filled but no more; (e) if any person subscribes more nomination papers than there are vacancies to be filled, the nomination papers received after the receipt of the maximum permissible number and subscribed by such person shall be deemed to be invalid; (f) if any person nominated is not eligible for election under paragraph 11, the Commissioner shall declare such person’s nomination invalid; (g) if there is no valid nomination, it shall be deemed that there has been a failure to elect in respect of the vacancy or vacancies in question; (h) if the number of valid nominations is less than that of the vacancies the person validly nominated shall be deemed to be elected and for the remaining vacancy or vacancies, it shall be deemed that there has been a failure to elect; (i) if the number of valid nominations is the same as that of the vacancies, the persons nominated shall be deemed to be elected; 1 These words were substituted for the words “Bombay Municipal Corporation Act” by Mah. 25 of 1996, s. 2, Schedule. 1888 : III] The Mumbai Municipal Corporation Act 527 (j) if the number of valid nominations exceeds that of the vacancies, the Commissioner shall by advertisement in the local newspapers publish the names and descriptions of the persons validly nominated and votes shall be taken for the election of councillors on the date fixed for the purpose; (k) votes shall be recorded by ballot in Form B appended hereto and in person and no votes shall be received by proxy; (l) no votes shall be recorded for any person whose name has not been published under sub- paragraph (j) as being validly nominated; (m) every voter shall have as many votes as there are councillors to be elected at the election and may give all such votes to one candidate, or may distribute them among the candidates as he thinks fit; (n) the candidate, or where there is more than one councillor to be elected the candidates not exceeding the number of councillors to be elected who have the greatest number of valid votes shall be declared to be elected: Provided that, where an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the determination of the candidate or candidates to whom such additional vote shall be deemed to have been given shall be made by lot to be drawn in the presence of the Commissioner in such manner as he shall determine; (o) every candidate and not more than one representative of every candidate authorised by him in this behalf shall be allowed to be present at the counting of votes and shall be given reasonable opportunity, after the ballot papers have been distributed for counting to inspect without handling the ballot papers and to question the correctness of the rejection of any ballot paper; (p) in any matter not specifically provided for in this paragraph, the procedure to be followed in respect of the election shall, as far as may be, in accordance with the procedure followed in a ward elections under the provisions of the 1[Mumbai Municipal Corporation Act], (Bom. III of 1888) and the rules made under section 29 thereof; (q) the result of every election shall be declared by fixing, as soon as may be, in some conspicuous place on the chief municipal office, a notice signed by the Commissioner certifying the names of the candidates, if any, elected an in the case of a contested election, the number of votes recorded for each candidate; (r) the names of all candidates elected to be councillors under his paragraph shall be published by the Commissioner in the Official Gazette and on such publication such candidates shall be deemed to come into office.