Bare ActsThe Mumbai Municipal Corporation Act.

Section 7

4 These words were inserted by Mah

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4 These words were inserted by Mah. 5 of 2005, s. 2. 1888 : III] The Mumbai Municipal Corporation Act 75 (b) no votes shall be received for any candidate whose name has not been published by 1[the State Election Commissioner] under sub-section (2) of section 27 as having been validly nominated; 2[(c) no person shall vote at a general election in more than one ward and if a person votes in more than one ward his votes in all such wards shall be void; (ca) no person shall at any election vote in the same ward more than once notwithstanding that his name may appear in the municipal election roll for that ward more than once 3[* * * * * * * * * *], and if a person votes in the same ward more than once all his votes in that ward shall be void;] 4[(d) * * * * * * (f) * * * * * * ] 5[(g) the person who has the greatest number of valid votes shall be deemed to be elected;] (h) 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 person or persons to whom such additional vote shall be deemed to have been given shall be made by the lot to be drawn in the presence of 6[the State Election Commissioner] in such manner as he shall determine; (i) if a candidate is elected councillor for more than one ward, he shall, within three days after receipt of written notice thereof from 7[the State Election Commissioner] choose, by writing signed by him and delivered to 8[the State Election Commissioner] or in his default 9[the State Election Commissioner] shall, when the time for choice has expired, declare for which of the wards he shall serve and the choice or declaration shall be conclusive; (j) when any such choice or declaration has been made, the votes recorded for the candidate aforesaid in any ward for which he is not to serve shall be deemed not to have been given and the candidate, if any, who but for the said votes would have been declared to have been elected for such ward shall be deemed to have been elected for the same; (k) 10[the State Election Commissioner] shall, as soon as may be, declare the result of the poll specifying the total number of valid votes given for each candidate 11[* * *] and shall cause lists to be prepared for each ward, specifying the name of all candidates, and the number of valid 12[* * * *] votes given to each candidate. In accordance with such rules as 13[the State Election Commissioner] may frame for the purpose and on payment of such fees as may be prescribed by him, a copy of such list shall be supplied to any candidate of the ward and shall be available for inspection to any voter of the ward. 14[28A. Maintenance of secrecy of voting.— (1) Every officer, 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. 1 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. 2 These clauses were substituted for clause (c) by Bom. 54 of 1955, s. 4. 3 The portion beginning with the words “on the ground” and ending with the words “section 11” was deleted by Mah. 8 of 1965, s. 14(a). 4 Clauses (d) and (f) were deleted by Mah. 8 of 1965, s. 14(b). 5 Clause (g) was substituted by Mah. 8 of 1965, s. 14(c). 6 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. 7 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. 8 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. 9 These words were substituted for the words “the Commissioner” by Mah. 41 of 1994, s. 22. 10 These words were substituted for the words “Commissioner” by Mah. 41 of 1994, s. 22. 11 The words and figures “and he shall, as soon as may be, hear and decide all objections, if any, to or regarding the poll, made to him in writing not later than 5 o’clock of the afternoon of the day after the poll” were deleted by Bom. 1 of 1946, s. 12 read with Bom. 8 of 1948, s. 4. 12 The words “and the number of rejected” were deleted by Bom. 8 of 1948, s. 4. 13 These words were substituted for the words “Commissioner” by Mah. 41 of 1994, s. 22. 14 Sections 28A to 28I were inserted by Bom. 54 of 1956, s. 5. 76 The Mumbai Municipal Corporation Act [1888 : III (2) Any person who contravenes the provisions of sub-section (1) shall, on conviction, be punished with imprisonment for a term which may extend to three months or with fine or with both.

Section 7 – The Mumbai Municipal Corporation Act. | DailyLaw.ai