Amendment status not verified — confirm the current text below against the official source.
Questions as to disqualifications to be determined by Chief Judge of the Small Cause Court.— Whenever it is alleged that any councillor has become disqualified for office for any reason aforesaid, and such councillor does not admit the allegation, or whenever any councillor is himself in doubt whether or not he has become disqualified for office, such councillor or any other councillor may, and the Commissioner, at the request of the corporation, shall apply to the Chief Judge of the Small Cause Court; and the said Chief Judge, after making such inquiry as he deems necessary, shall determine whether or not such councillor has become disqualified for being a councillor, and his decision shall be a conclusive. 6[18-1A. Liability of Councillor to removal from office.— (1) The State Government may, on its own motion or on the recommendation of the Corporation, remove any Councillor from office, if such Councillor has been guilty of any misconduct in discharge of his duties or of any disgraceful conduct, during his current term of office or immediately preceding term of office as a Councillor. (2) No resolution recommending the removal of any Councillor for the purpose of sub-section (1) shall be passsed by the Corporation and no order of removal shall be made by the State Government, unless the Councillor to whom it relates has been given a reasonable opportunity of showing cause why such recommendation or order, as the case may be, should not be made: Provided that, no order of removal of Councillor shall be made by the State Government on its own motion, unless the Corporation is given one month’s time for taking necessary action in the matter. (3) In every case in which the State Government makes an order under sub-section (1), Councillor shall be disqualified for being a Councillor, or from becoming a Councillor, or a Councillor or a member of any other local authority, for a period of five years from the date of such order, unless the State Government relieves him of the disqualification by an order which it is hereby empowered to make.] Municipal Election Roll 7[18A. State Election Commission.— (1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to the Corporation shall vest in the State Election Commission. 1 Sub-section (3) was deleted by Bom. 48 of 1950, s. 9. Section 79 of Bom. 48 of 1950 reads as follows :— “79. Saving.— Nothing in sections 2(1), (4) and (5) and 4 to 16 shall affect the constitution of the Corporation, the Standing Committee, the Improvements Committee or any other Committee or sub-committee as constituted or appointed under the said Act immediately before the coming into operations of this Act and any casual vacancy, in the office of a councillor or a member of any of the said committees or sub-committees before the 1st day of April 1952 shall subject to the provisions of the said Act, be filled as if this Act had not been passed.”. 2 Clause (c) was deleted by Bom. 48 of 1950, s. 10(1). 3 The word “or” and clause (d) were inserted by Bom. 5 of 1938, s. 4. 4 The word “or” was deleted by Mah. 48 of 1950, s. 10(2). 5 Clause (e) was deleted by Mah. 48 of 1950. 6 Section 18-1A was inserted by Mah. 3 of 2008, s. 3. 7 Section 18A was inserted by Mah. 41 of 1994, s. 15. 1888 : III] The Mumbai Municipal Corporation Act 69 (2) The State Election Commissioner may, by order, delegate any of his powers and functions to any officer of the State Election Commission or any officer of the State Government not below the rank of Deputy Collector or any officer of the Corporation not below the rank of the Ward Officer. (3) All the officers and members of the staff appointed or deployed for preparation of electoral rolls and conduct of election of the Corporation under this Act or the rules shall function under the superintendence, direction and control of the State Election Commissioner. (4) Notwithstanding anything contained in this Act and the rules, the State Election Commissioner may issue such special or general orders or directions which may not be inconsistent with the provisions of this Act for fair and free elections.] 1[18AA. Power of State Election Commissioner to issue directions to prevent impersonation.— The State Election Commissioner may, with a view to prevent impersonation of electors at the time of election, issue such directions, as he thinks fit, to the presiding officers and such directions may include instructing the electors to produce, at the time of polling, the photo identity cards issued to them under the provisions of the Representation of the Peoples Act, 1951 (43 of 1951)]. 2[19. Division of 3[Brihan Mumbai into single member wards and 4[preparation of] municipal election roll therefor.— (1) For the purposes of elections to the Corporation,— 5[(a) The 6[7[State Government with the approval of the State Election Commissioner] shall, from time to time, by notification in the Official Gazette, divide the area of 8[Brihan Mumbai] into wards and specify the boundaries thereof, 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 wards shall elect only one councillor:] Provided that, before such notification is published, a draft thereof shall be published in the Official Gazette and in such other manner as in the opinion of the 9[State Government with the approval 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. 10[* * * * * * *] 11[(b) The Assembly roll for the time being in force on such date as the State Election Commissioner may, by general or special order notify, shall be divided by the State Election Commissioner into different sections corresponding to the different wards in 12[Brihan Mumbai]; and a printed copy of each section of the roll so divided and authenticated by the State Election Commissioner or an officer authorised by him, shall be the ward roll for each ward.] 13[* * * * * * *] (2) Only one councillor shall be elected at each ward election. 14[* * * * * * *] 1 Section 18AA was inserted by Mah. 44 of 1994, s. 2. 2 Section 19 was substituted by Mah. 8 of 1965, s. 6. 3 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. 4 These words were substituted for the words “adoption of relevant Assembly roll as” by Mah. 53 of 1973, s. 2(c). 5 This portion was substituted for the portion beginning with the brackets, letters and words “(1) the area of Greater Bombay” and ending with the words “by the State Government in the Official Gazette” by Mah. 15 of 1991, s. 3(a). 6 The words were substituted for the words “State Government” by Mah. 41 of 1994, s. 16(a)(1). 7 These words were substituted substituted for the words “State Election Commissioner” by Mah. 21 of 2022, s. 2. 8 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. 9 These words were substituted substituted for the words “State Election Commissioner” by Mah. 21 of 2022, s. 2. 10 The Explanation was deleted by Mah. 15 of 1991, s. 3(b). 11 Clause (b) was substituted for the original by Mah. 11 of 1996, s. 2. 12 These words were substituted for the words “Greater Bombay” by Mah. 25 of 1996, s. 2. 13 Sub-section (1A) was deleted by Mah. 11 of 1996, s. 2(a) 14 Sub-section (3) was deleted by Mah. 11 of 1996, s. 2(b). 70 The Mumbai Municipal Corporation Act [1888 : III 1[* * * * * * *] 2[* * * * * * *] 3[21. Right to vote.— Subject to the provisions of this Act, every person whose name is 4[in the municipal roll shall be deemed to be entitled to vote at a ward election] and every person whose name is not in the said roll be deemed to be not entitled so to vote.]