Arunachal Pradesh Municipal Elections Act, 2009
No: 4 Dated: Apr, 22 2009
THE ARUNACHAL PRADESH MUNICIPAL ELECTION ACT, 2009
(ACT No. 4 OF 2009)
An Act for holding of elections to the Municipalities in the State of Arunachal Pradesh for preparation of electoral rolls and for purposes connected therewith.
BE it enacted by the Legislature of the State Assembly of Arunachal Pradesh in the Sixtieth Year of the Republic of India as follows:-
1. Short title and commencement:- (1) This Act may be called the Arunachal Pradesh Municipal Elections Act, 2009.
(2) It extends to the whole of the State of Arunachal Pradesh or part thereof as may be notified by the State Govt.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2. Definitions:- In this Act, unless there is anything repugnant in the subject or context otherwise requires,-
(a) "article" means an article of the Constitution;
(b) "a citizen" means a citizen of india as defined under Article 5 of the Constitution of india;
(c) "Commission" means the Arunachal Pradesh State Election Commission constituted under section 104 of the Arunachal Pradesh Panchayat Raj Act, 1997 (Act No. 5 of 2001);
(d) "Constituency" means a ward of a Municipality;
(e) "Constitution" means the Constitution of India;
(f) "election" means the election to fill a seat in a Municipality;
(g) "elector", in relation to a constituency of a Municipality, means the person whose name is entered in the electoral roll of that Municipality for the time being in force and who is not subject to any of the disqualification mentioned in section 16 of the Representation of the People Act, 1950;
(h) "member" means a person elected at an election to fill a seat, in a Municipality ;
(i) "Municipal area" means the territorial area of a Municipahty; ·
(j) "Municipality" has the same meaning as in clause (e) of Article 243P of the Constitution;
(k) "notification" means a notification published in the Official Gazette ;
(l) "order" means an order published in the Official Gazette;
(m) "ordinarily resident" has the same meaning as assigned to it in section 20 of the Representation of the People Act, 1950;
(n) "Panchayat" has the same meaning as in clause (e) of Article 243 of the Constitution;
(o) "person" does not include a body of persons ;
(p) "prescribed" means prescribed by rules made under this Act ; (q) "public holiday" means any day which is a public holiday for the purposes of section 25 of the Negotiable Instruments Act, 1881 ;
(r) "Qualifying date" means the date specified as such by the Commission by notification for the purposes of this Act ;
(s) "sign", in relation to a person who is unable to write his name, means to authenticate in such manner as may be prescribed ;
(t) "voting machine" means any machine or apparatus, whether operated electronically or otherwise, used for giving, or recording of, votes, and any reference to a ballot-box or ballot-paper in this Act or the rules made thereunder shall, save as otherwise provided, be construed to include a reference to a voting machine used at any election ;
(u) "ward" means an administrative division of a Municipality;
(v) Other expressions have the meaning respectively assigned to them in the Arunachal Pradesh Municipal Act, 2008.
3. Power to delimit Municipal area into wards:- (1) Power to delimit municipal areas into wards- For the purpose of election of members of a Municipality, the Commission shall, having regard to population, dwelling pattern, geographical conditions and economic considerations of any Municipal area in each ward, divide any municipal area into such number of wards as may be determined by the State Government in this behalf:
(2) Each ward of a Municipality shall be single-member constituency
CHAPTER-II
4. Officers:- The State Election Commission shall, in consultation with the State Government designate or nominate a Municipal Election Officer, who shall be an officer of the Government, for the purpose of election, to exercise powers and perform functions in accordance with the provisions of this Act.
5. Co-ordination:- (1) Subject to the superintendence, direction and supervision, control of the Commission, the Municipal Election Officer shall co-ordinate and supervise all work within his jurisdiction in connection with the preparation and revision of electoral rolls for all Municipalities.
(2) The Municipal Elections Officer shall perform such other functions as may be entrusted to him by the Commission.
6. Preparation and revision of electoral roll:- (1) The State Election Commission shall, in consultation with the State Government designate or nominate a Municipal Electoral Registration Officer, who shall be an officer of the Government.
(2) The electoral roll for each Municipality shall be prepared and revised by a Municipal Electoral Registration Officer from time to time as directed by the State Election Commission. (3) A Municipal Electoral Registration Officer may,subject to any prescribed restrictions, employ such persons as he thinks fit for the preparation and revision of the electoral roll for the Municipality.
7. Functions of Assistant Municipal Electoral Registration Officer:- The State Election Commissioner may appoint one or more persons as Assistant Municipal Electoral Registration Officer to assist any Municipal Electoral Registration Officer in the performance of his functions.
Every Assistant Municipal Electoral Registration Officer shall, subject to the direction and control of the Municipal Electoral Registration Officer, be competent to perform any of the functions of the Municipal Electoral Registration Officer.