Amendment status not verified — confirm the current text below against the official source.
Candidates at ward elections must be nominated. Provisions regarding nomination.— (1) Candidates for election at a ward election 15[* * *] must be duly nominated in writing in accordance with the provisions hereinafter contained. 1 Sub-section (4) was deleted by Mah. 53 of 1973, s. 2(b). 2 Section 20 was deleted by Mah. 11 of 1996, s. 3. 3 Section 21 was substituted by Mah. 53 of 1973, s. 4. 4 These words were substituted for the words and figures “in Part I or Part II of any final ward roll for any ward shall be deemed to be entitled to vote at an election in that ward” by Mah. 20 of 1980, s. 4. 5 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 operation of this Act and any casual vacancy in the office of a councillor or a member of any of the said committees or sub-committee, 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.”. 6 Section 22 was substituted by Mah. 41 of 1994, s. 17. 7 Section 23 was deleted by Mah. 10 of 1998, s. 5. 8 This section was renumbered as sub-section (1) of section 25 by Mah. 43 of 1983, s. 4(1). 9 These words were substituted for the words “Fifteen days” by Mah. 43 of 1983, s. 4(1). 10 The words deleted by Bom. 6 of 1922, s. 13 are not printed. 11 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 18. 12 The words “Official Gazette” were substituted for the words “Bombay Government Gazette” by the Adaptation of Indian Laws Order in Council. 13 The words deleted by Bom. 6 of 1922, s. 13 are not printed. 14 Sub-section (2) was inserted by Mah. 43 of 1983, s. 4(2). 15 The words repealed by Bom. 6 of 1922, s. 14(a), are omitted. 1888 : III] The Mumbai Municipal Corporation Act 71 (2) With respect to such nominations, the following provisions shall have effect, namely:— (a) 1[the State Election Commissioner] shall provide printed forms of nomination-papers and any person entitled to vote at the election shall be supplied at any time within seven days previous to the day fixed for the election 2[and upto 4 p.m. on the date of election,] with as many such forms as may be required, free of charge; (b) each nomination-paper must state the name, abode and description of the candidate in full, and be subscribed by two persons entitled to vote at the election as proposer and seconder 3[and must bear the signature of the person nominated in token of his willingness to be so nominated;] (c) every nomination-paper subscribed 4[and signed] as aforesaid must be delivered at the 5[office of the State Election Commissioner] before five o’clock in the afternoon of the day fixed for the election; 6[(d) each candidate must be nominated by a separate nomination-paper, and a candidate may be nominated by more than one nomination-paper, but any person entitled to vote shall not subscribe, whether as proposer or seconder, more than one nomination-paper;] 7[(dd) if any person subscribes more than one nomination-paper, the nomination-paper or papers received after receipt of the first nomination-paper shall be invalid;] (e) if any person nominated— (i) is not enrolled in the municipal election roll as voter of a ward 8[* * * * * * * *] or 9[(ii) has not made or caused to be made the deposit referred to in sub-section (1) of section 26A, or] (iii) is disqualified for being a councillor for any of the reasons set forth in section 16, 10[the State Election Commissioner] shall declare such person’s nomination invalid; (f) if there is no valid nomination, it shall be deemed that no councillor has been elected and proceedings for filling the vacancy or vacancies shall be taken under section 34; 11[* * * * * * *] 12[(h) if there is only one valid nomination, the person nominated be deemed to be elected;] 13[(j) if the number of valid nominations exceeds one, the election of councillor shall be made from among the persons nominated, and such election shall be termed “a contested election”: Provided that, if any candidate validly nominated dies or signifies in writing to 14[the State Election Commissioner] not later than 15[three days] after the date of election his intention not to contest the election, then, if there remains only one valid nomination, the remaining candidate validly nominated shall be deemed to be elected: Provided further that, a candidate who has withdrawn his candidature shall not be allowed to cancel the withdrawal or to be re-nominated as a candidate for the same election;] 1 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(a). 2 These words were inserted by Bom. 1 of 1925, s. 7(a). 3 These words were inserted by Bom. 1 of 1946, s. 9(a) read with Bom. 8 of 1948, s. 4. 4 The words “and signed” were inserted by Bom. 1 of 1946, s. 9(b). 5 These words were substituted for the words “the Commissioner’s office” by Mah. 41 of 1994, s. 19(b). 6 This clause was substituted by Mah. 8 of 1965, s. 12(a). 7 Clause (dd) was substituted by Mah. 8 of 1965, s. 12(b). 8 The portion repealed by Bom. 6 of 1922, s. 14(b), is omitted. 9 New clause (ii) was inserted by Bom. 19 of 1930, s. 3. 10 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(c). 11 Clause (g) was deleted by Mah. 8 of 1965, s. 12(c). 12 Clause (h) was substituted by Mah. 8 of 1965, s. 12(d). 13 Clause (j) was substituted by Mah. 8 of 1965, s. 12(e). 14 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(d). 15 These words were substituted for the words “seven days” by Mah. 33 of 1989, s. 3. 72 The Mumbai Municipal Corporation Act [1888 : III (k) if, when two or more ward elections are held simultaneously for different wards, any person is deemed, under 1[* *] clause (h), to be elected a councillor for more than one ward, he shall within twenty-four hours after receipt of written notice thereof from 2[the State Election Commissioner], choose, by writing signed by him and delivered to 3[the State Election Commissioner], or, in his default, 4[the State Election Commissioner] shall, when the time for choice has expired, declare for which one of those wards he shall serve. The choice or declarations made shall be conclusive, and such persons’ nomination for the ward or wards for which he is not to serve shall be deemed to be null and void; (l) if, when ward elections are held as aforesaid, any person who is deemed under 5[* *] clause (h), to be elected a councillor for any one or more wards, has also been duly nominated for any one or more wards for which the number of nominations exceeds that of the vacancies, he shall within twenty-four hours after receipt of written notice thereof from 6[the State Election Commissioner] choose, by writing signed by him and delivered to 7[the State Election Commissioner] whether he shall serve for the ward, or for any one of the wards for which he is elected, or will stand as a candidate at the contested election or elections for the other ward or wards. In his default, the Commissioner shall, when, the time for choice has expired, declare that he shall serve for the ward or for some one of the wards for which he is elected, and his nomination for any other wards shall be deemed to be null and void. If such person chooses, by writing as aforesaid, to stand as a candidate at the contested election or elections, his nomination for the ward or wards for which he is elected shall be deemed to be null and void. Any choice or declaration made under this clause shall be conclusive. 8[26A. Deposit by candidates.— 9[(1) On or before the date appointed for the nomination of candidates for a ward election, each candidate shall deposit or cause to be deposited with Returning Officer in cash a sum of five thousand rupees ; and no candidate shall be deemed to be duly nominated unless such deposit has been made: Provided that, where the candidate is a member of a Scheduled Castes, Scheduled Tribes, Backward Class of Citizens or a woman, the amount of deposit shall be two thousand and five hundred rupees: Provided further that, where the candidate has filed more than one nomination paper, it shall not be necessary to deposit a separate amount for each nomination paper.] (2) The deposit shall be returned if— (a) the candidate is declared or is deemed to be duly elected, or 10[(b) the candidate signifies in writing to 11[the State Election Commissioner] not later than 12[three days] after the day of election his intention not to contest the election, or] (c) the nomination of the candidate is declared invalid, or (d) the candidate dies, 13[* * * *] after the scrutiny of nomination-papers and before the commencement of the poll 14[*] 15[* * * * *]; or 1 The words, brackets and letter “clause (g) or” were deleted by Mah. 8 of 1965, s. 12(f). 2 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(e). 3 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(e). 4 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(e). 5 The words, brackets and letter “clause (g) or” were deleted by Mah. 33 of 1989, s. 12(g). 6 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(f). 7 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 19(f). 8 New section 26A was inserted by Bom. 19 of 1930, s. 4. 9 Sub-section (1) was substituted by Mah. 18 of 2008, s. 2. 10 Clause (b) was substituted by Bom. 1 of l946, s. 10, read with Bom. 8 of 1948, s. 4. 11 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 20(a). 12 These words were substituted for the words “seven days” by Mah. 23 of 1989, s. 4. 13 The words “in the case of a ward election” were omitted by Bom. 32 of 1935, s. 3(b)(i). 14 The word “and” was deleted by Bom. 24 of 1936, s. 2, Sch. 15 The words “in the case of an election by co-option, before the day fixed for the election by co-option” were omitted by Bom. 32 of 1935, s. 3(b)(i). 1888 : III] The Mumbai Municipal Corporation Act 73 (e) the candidate fails to be elected but secures 1[* * * * *] valid votes in excess of the number specified in sub-section (4). (3) The deposit shall be returned to the person by whom it was made. If a candidate dies 2[* * * * *] before the day fixed for the poll, 3[* * *] the deposit, if made by him, shall be returned to his legal representatives, or, if not made by the candidate shall be returned to the persons by whom it was made. (4) If a candidate is not elected and 4[* * *], if the number of valid vote polled by him does not exceed one-eighth of the total number of valid votes polled 5[* * * * * * *], the deposit shall be forfeited to the corporation. (5) The deposit shall, if it is not forfeited, be returned as soon as may be after the declaration of the result of the election under section 32: Provided that, if a candidate is duly nominated at a general election in more than one ward, not more than one of the deposits made by him or on his behalf shall be returned and the remainder shall be forfeited to the Corporation.]