State Act

The Mumbai Municipal Corporation Act.

2[28. Provisions respecting contested ward elections.— With respect to the contested ward elections, the following provisions shall have effect, namely:— (a) 3[votes shall be given by ballot in such manner as may be prescribed by the rules made under section 29] 4[or by electronic voting machine.] No votes shall be received by proxy; (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.