State Act

The Mumbai Municipal Corporation Act.

26. 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. (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;] (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.