¹ [38. Control of elections.--

² [(1) The superintendence, direction and control of the preparation of list of voters for, and the conduct of all elections to the municipal council shall be vested in the State Election Commission.]

(2) ² [Subject to sub-section (1)], Government may, by notification and after previous publication, make rules to provide for or to regulate all or any of the following matters for the purpose of holding elections of councillors under this Act, namely:--

(a) the manner of the splitting up of electoral rolls for LegislativeAssembly constituencies into parts for the purpose of constituting one or more of such parts into the list of voters for a ² [ward]; and the officer or authority by whom such splitting up is to be carried out;

(b) revision and correction of electoral rolls;

(c) redistribution of territorial ² [wards];

(d) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of elections;

(e) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nominations;

(f) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the municipal council;

(g) the withdrawal of candidatures;

(h) the appointment of agents of candidates;

(i) the procedure in contested and uncontested elections and thespecial procedure at elections in ² [wards] where any seat is reserved for the ² [Scheduled Castes, Scheduled Tribes, Backward Classes and Women];

(j) the date, time and place for poll and other matters relating to theconduct of elections including, --

(i) the appointment of polling stations for each ² [ward];

(ii) the hours during which the polling station shall be kept open for the casting of votes;

(iii) the printing and issue of ballot papers;

(iv) the checking of voters of reference to the electoral roll;

(v) the marking with indelible ink on the left fore-finger or any other finger or limb of the voter and prohibition of the delivery of any ballot paper to any person if at the time such person applies for such paper he has already such mark so as to prevent personation of voters;

(vi) the manner in which votes are to be given and in particular in the case of illiterate voters or of voters under physical or other disability;

(vii) procedure to be followed in respect of challenged votes and tendered votes;

(viii) the scrutiny of votes, counting of votes, the declaration and publication of the results and the procedure in case of equality of votes or in the event of a councillor being elected to represent more than one ² [ward];

(ix) the custody and disposal of papers relating to elections;

(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient cause and the holding of a fresh poll;

(xi) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes before the count;

(xii) the countermanding of the poll in the case of the death of a candidate before the poll;

(k) the fee to be paid on an election petition;

(l) any other matter relating to elections or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provision or makes insufficient provision and provision is, in the opinion of the Government necessary.

(3) In making any rule under this section, the Government may provide that any contravention thereof shall be punishable with fine which may extend to one hundred rupees.]

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1. Section 38 substituted by Act 83 of 1976 w.e.f. 8.12.1976.

2. Substituted by Act 36 of 1994w.e.f. 1.6.1994.