The ARUNACHAL PRADESH MUNICIPAL ELECTION ACT, 2009 (ACT No. 4 OF 2009)

 
THE ARUNACHAL PRADESH MUNICIPAL ELECTION ACT, 2009 (ACT No. 4 OF 2009) 
 
(Received the assent of the Governor on 5th April, 2009 and published in the Arunachal Pradesh E.O. Gazette No. 
51, Vol. XVI dated 22nd April, 2009) 
 
 I.As amended by Arunachal Pradesh Municipal Elections (Amendment) Act 2011.(Act No 03 of 2011) and assented by 
the Governor on 10/05/2011) and published in AP EOG Vol II no 80 Vol XVIII Dtd 18/05/2011 (wef 18/05/2011). 
AN 
ACT 
for holding of elections to the Municipal ities 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:- 
 
Short title and commencement  
1. ( 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. 
 
Definitions. 
2. (1) 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 ; 
(1) "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 sa me 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 as signed to them in the 
Arunachal Pradesh Municipal Act, 2008. 
 
Power to delimit Municipal area into wards. 
3. (1) Power to delimit municipal areas into wards - For the purpose of election of 
members of a Municipality,  the Commission shall, having regard to p opulation, 
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 
Officers 
4. 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. 
Co-ordination  
5. (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. 
 
Preparation and revision of electoral roll. 
6. (l) 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 electo ral 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. 
 
General duty of the Municipal Returning Officer. 
8. Subject to the superintendence, direction and  control of duties the Commission, 
the District Municipal Election Officer of District  shall supervise the conduct of all 
elections within his Municipal jurisdiction. The District Municipal Election Officer shall  
perform such other functions as may be entrusted to him by the Commission. 
 
Municipal Returning Officer 
9. (I) The State Election Commission shall, in consultation with the State Government 
designate or nominate a Returning  Municipal Returning Officer  and one or more 
Officer Assistant Municipal Returning Officer, who shall be  an officer of the 
Government. There shall be a Municipal Returning Officer for every constituency for 
every election to fill a seat or seats in a Municipality : 
Provided that nothing in this section shall prevent the Commission from designating 
or nominating the same person to be the Municipal  Returning Officer for more than 
one constituency. 
 
Assistant Municipal Returning Officer 
10. Every Assistant Municipal Returning Officer shall, subject  to the control of the 
Municipal Returning Officer, be  competent to perform any of the functions of the 
Municipal, Returning Officer except scrutiny of nomination paper. 
 
General Duty of the Municipal Returning Officer 
11. It shall be the general duty of the Municipal Returning  Officer at any election to 
do all such acts and things as may be necessary for effectually conducting the election 
in the manner provided by this Act or the rules or the orders made thereunder. 
 
Provisions of polling stations for constituencies. 
12. The Municipal Returning Officer shall, subject to such  directions as may be issued 
by the Commission in this polling  behalf, provide a sufficient number of polling 
stations for every constituency and shall publish, in such manner as the Commission 
may direct, a list showing the polling  stations so provided and the polling areas or 
groups of voters for which they have respectively been provided. 
 
 
Appointment of Presiding Officers and Polling Officers for Polling stations. 
13. (1) There shall be a Presiding Officer and such number of Polling Officer or Officers 
for each polling station as the Municipal Returning Officer thinks 
necessary : 
Provided that if a Polling Officer is absent  from the polling station, the Presiding 
Officer may appoint any person w ho is present at the polling  station, other than a 
person who has been employed  by or on behalf of, or has been otherwise working  
for, a candidate in or about the election, to be the Polling Officer during the absence 
of the former officer, and inform the Municipal Returning Officer accordingly. 
(2) A Polling Officer shall. if so directed by the Presiding Officer, perform all or any of 
the functions of a Presiding Officer, under this Act or the rules or  the orders made 
thereunder. 
(3) If the Presiding Officer, owing to illness or other  unavoidable cause, is obliged to 
absent himself  from the polling station, his functions shall be  performed by such 
Polling Officer, as has been previously authorized by the Municipal Returning 
Officer to perform such functions during any such absence. 
(4) Any reference in this Act to the Presiding Officer  shall, unless the context 
otherwise requires, be deemed to include a reference to any person performing any 
functions which he is authorized to perform under sub-section (2) or sub-section (3), 
as the case may be. 
 
General duty of the Presiding Officer and Polling Officer. 
14. ( 1) It shall be the general duty of the Presiding Officer at a polling station to keep 
order thereat and to see that the poll is fairly taken. 
(2) It shall be the duty of the Polling Officer at a polling station to assist the Presiding 
Officer for such polling station in the performance of his functions. 
 
Observers 
15. (1) The State Election Commission may nominate an  Observer who shall be an 
officer of Government to watch the conduct of election or elections in a constituency 
or a group of constituencies and to perform such other functions as may be entrusted 
to him by the State Election Commission. 
(2) The Observers nominated under sub section (1) shall have the power to direct the 
Retuning Officer for the  constituency or for any of the constituencies for  which he 
has been nominated, to stop the counting of votes at any time before the declaration 
of the results or not to declare the result if  in the opi nion of the Observer, booth 
capturing has taken place at a  large number of polling stations or at places fixed for  
the poll or counting of votes or any ballot papers used at a polling station or at a place 
fixed for the poll are unlawfully taken out of the  custody of the Returning Officer or 
are accidentally or intentionally destroyed or lost or are damaged or tempered with 
to such an extent that the result of the poll at that polling station or place cannot be 
ascertained. 
(3) Where an observer has directe d the Returning Officer  under this section to stop 
counting of votes or not to declare the result, the observer shall forthwith report the 
matter to the Commission and thereupon  the Commission shall after taking all 
material circumstances into account, issue appropriate directions. 
 
 
 
 
 
 
 
CHAPTER-III 
Electoral rolls for Municipalities 
 
Officers /official shall be subject to the control and discipline  
of the State Election Commission 
16. Municipal Election Officer, Municipal Electoral Registra tion Officers/, Assistant 
Municipal Electo ral Registration Officer, Municipal Returning Officer, Assistant 
Municipal returning Officer, Presiding Officers, Polling Officers and any other Officer 
appointed under this Act and any police officer designated for the time bei ng by the 
State Govt, for the conduct of any election shall be deemed to be on Election  
deputation to the State E lection Commission and remain under the control, 
superintendence and discipline of the  State Election Commission from the date of 
the notificati on and ending with the date of  declaration of the results of such 
elections. 
 
Electoral rolls for municipalities and adoption of electoral rolls. 
17. (I) The electoral roll for every Municipality shall consist of electoral rolls for all the 
Constituencies comprised within the Municipality and the electoral rolls of a  
Constituency shall be divided into different parts for different localities comprised in 
that Constituency. 
(2) The electoral roll for the time being in force for the  election of Members to the  
Arunachal Pradesh Legislative Assembly may, at the discretion of the  State Election 
Commissioner, be adopted as the electoral roll for election of members, by whatever 
name called, to a Municipality to such extent, and  in such manner, as the State 
Election Commissioner thinks fit. 
 
Condition for registration as a voter. 
 18. (1) Any citizens of lndia,who, 
(a) is not less than 18 years of age on the qualifying date, and 
(b) is ordinarily resident in a Municipal area  shall be entitled to be registered  in the 
electoral roll for that municipal area. 
(2) No person shall be entitled to be registered in the  electoral roll for any 
Municipality in more than one place. 
(3) No person shall be entitled to be registered in the  electoral roll for any 
Municipality if his name has already been registered as a voter in the electoral 
roll for any other Municipality or Panchayat. 
(4) No person shall be entitled to be registered in the  electoral roll for any 
Municipality more than once. 
 
Disqualifications for registration 
19. The disqualifications for registration in an electoral roll for a Municipality shall be 
the same as provided in section 16 of the Representation of the People Act, 
1950. 
 
Dispute as to whether a person is ordinarily resident. 
20. If, in any case, a question arises as to whether a person  is ordinarily resident at 
any relevant time, the question shall be determined with reference to all the facts of 
the case and such rules as may be made in this behalf by  the State Government in 
consultation with the Commission. 
 
Preparation and revision of electoral rolls. 
21.(1) If the State Election Commissioner does not adopt  the electoral roll referred 
to in section 17, the  electoral roll for each Municipality shall be  prepared in the 
prescribed manner by reference  to the qualifying date and shall come into force  
immediately upon its final publication in  accordance with the rules made under this 
Act. 
(2) The electoral roll shall, 
(a) unless otherwise directed by the Commission,  for reasons to be recorded in 
writing, be revised in the prescribed manner by reference to the qualifying date, 
(b) before each general election to the Municipality, and 
(c) before each bye -election to fill a causal vacancy  in a seat allotted to the 
constituency, and 
(3) Notwithstanding anything contained in clause (a),  be revised in any year in the 
prescribed manner by  reference to the qualifying date if such revision has  been 
directed by the Commission : 
Provided that if the electoral roll is not revised as aforesaid, the validity or continued 
operation of the said electoral roll shall not thereby be affected. 
(4) Notwithstanding anything contained in sub -section (2), the Commission may, at 
any time, for reasons to be recorded in writing, direct a special revision of 
the electoral roll of any Municipality in such manner as it may think fit : 
Provided that subject to the other provisions  of this Act, the electoral roll for the 
Municipality as in force at the time of issue of any such direction,  shall continue to 
be in force until the completion of the special revision so directed. 
 
Correction of entries in electoral rolls 
22. If the Municipal Electoral Registration Officer for a Municipality, on an application 
made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that, 
any entry in the electoral roll of the Municipality- 
(a) is erroneous or defective in any particular, 
(b) should be transposed to another place in the electoral roll on the ground that the 
person concerned has changed his place of ordinary residence within the jurisdiction 
of the Municipality,  
(c) should be deleted on the ground that the person concerned is dead or has ceased 
to be ordinarily resident within the jurisdiction of the Municipality or is otherwise not 
entitled to be r egistered in that electoral roll, the  Municipal Electoral Registration 
Officer shall, subject to such general or special directions,  if any, as may be given by 
the Commission in this behalf amend. transpose or delete the entry: 
Provided that before taking any action on any ground under clause ( a) or clause (b) 
or any action under clause (c) on the ground that the  person concerned has ceased 
to be ordinarily  resident within the jurisdiction of the  Municipality or that he is 
otherwise not entitled to be registered in the electoral roll of that  Municipality, the 
Municipal Electoral Registration Officer shall give the person concerned a reasonable 
opportunity of being heard in respect  of the action proposed to be taken in relation 
to him. 
 
Inclusion of names in electoral rolls. 
23. (1) Any person whose name is not included in them electoral roll of a Municipality 
may apply to the Municipal Electoral Registration Officer for the 
inclusion of his name in the electoral roll. 
(2) The Municipal Electoral Registration  Officer shall,  if he is satisfied that the 
applicant is entitled to be registered in the electoral roll, direct his name to be 
included therein: 
Provided that if the applicant is registered in  the electoral roll of any other 
Municipality or Panchayat, the Municipal Electoral Registration  Officer shall inform 
the Municipal Electoral Registration Officer of that other Municipality or 
the Panchayat Electoral Registration Officer of that  other Panchayat to that effect 
and the Municipal  Electoral Registration O fficer of that other  Municipality or the 
Panchayat Electoral Registration Officer of that Panchayat, as the case may be, shall, 
on receipt of the information, strike off the applicant's name from that electoral roll. 
(3) No amendment, transposition or dele tion of any  entry shall be made under 
section 22 and no  direction for the inclusion of a name in the electoral  roll of a 
Municipality shall be given under the  section after the last date for making 
nominations for an election in that Municipality and befor e the completion of such 
election. 
 
Appeal 
24. An appeal shall lie within 15 (fifteen) days time to the Municipal Officer from any 
order of the Municipal Electoral Officer under section 22 or section 23. 
 
Fee for applications and appeals 
25. Every application under section 22 or section 23 and every appeal under section 
24 shall be accompanied by prescribed fee which shall, fixed by the State Election  
Commission in consultation with the State government  and such fee shall not be 
refundable. 
 
CHAPTER-IV 
General 
 
 
Power to make rules 
26. (1) The State Government may, after consulting the Commission, by notification, 
make rules for carrying out the purpose of this Act. 
(2) In particular and without prejudice to the generality of the foregoing powers, such 
rules may provide for all or any of the following matters, namely:- 
(a) the particulars to be entered in the electoral roll; 
(b) the preliminary publication of electoral rolls ; 
(c) the manner in which and the time within which claims and objection as to entries 
in electoral rolls may be preferred; 
(d) the manner in which notices of claims or objections shall be published; 
(e) the place, date and time at which claims or objections shall be heard and disposed 
off; 
(f) the final publication of electoral rolls; 
(g) the revision and correction of electoral rolls and inclusion of names therein; 
(h) any other matter required to be prescribed by this Act. 
(3) Every rule made by the State Government under  this Act shall be laid as soon as 
may be after it is made, before the State Legislature, while it is in  session, for a total 
period of fourteen days which  may be comprised in one session or in two or more  
successive sessions and if before the expiry of the session immediately following the 
session or the successive sessions aforesaid, the State Legislature 
agrees in making any modification in the rule or the State Legislature agrees that the 
rule should not be  made, the rule shall thereafter have effect only in  such modified 
form or be of no effect, as the case may be; so, however, that any such modifications 
or annulment shall be without prejudice to the validity  of anything previously done 
under that rule. 
 
Staff of local authorities. 
27. (1) Every local authority in the State shall, when so  required by the Commission, 
make available to any  Municipal Electoral Registration Officer such staff  as may be 
necessary for the performance of any duties in connection with the preparation and 
revision of electoral rolls. 
(2) Such staff or officials referred in sub-section (I) shall be subject to the control and 
discipline of the State Election Commission during such process. 
 
Making false declarations. 
28.If any person makes, in connection with- 
(a) the preparation, revision or correction of an electoral roll, or 
(b) the inclusion or exclusion of any entry in or from an electoral roll, a statement or 
declaration in writing which is false and which he either knows or believes to be false 
or does not believe to be true, he shall be punishable with  imprisonment for a term 
which may extend to one year, or with fine up to rupees five thousand, or with both. 
 
Breach of official duty in connection with the preparation etc. of electoral rolls. 
29. (1) If any Municipal Electoral Registration Officer,Assistant Municipal El ectoral 
Registration Officer or other person required by or under this  Act to perform any 
official duty in connection with the preparation, revision or correction of an electoral 
roll or inclusion or exclusion of any entry  in or from such electo ral roll is , without 
reasonable cause, guilty of any act or omission in breach of such official duty, he shall 
be punishable with fine which may extend to eight hundred rupees. 
(2) No suit or other legal proceeding shall lie against any such officer or other person 
for damages in respect of any such act or omission as aforesaid. 
(3) No court shall take cognizance of any offence  punishable under sub -section (I) 
unless there is a  complaint made by an order of, or under the  authority from the 
Commission. 
 
CHAPTER-V 
ELECTIONS 
Allotment/Reservation of seats. 
30. (1) Not less than one - third of the total number of  seats to be filled by direct 
election in every Municipality shall be reserved for women. 
(2) The State Government shall by notification determine the number of seats and 
constituency or constituencies in which seats  are reserved under sub -section (1) 
above: 
Provided that the seats reserved under subsection  (I) and (2) shall be allotted by 
rotation to different constituencies in the Municipality  in such manner a s may be 
prescribed. 
(3) Not less than one third of the total number of offices of the Chairperson of wards 
Committee and Chief Councillor shall be reserved for women. 
 
General disqualifications for membership of a Municipality 
31. (I) A person shall not be eligible for election as a member if such person- 
(a) has been adjudged by a competent court to be of unsound mind; or 
(b) is under twenty-one years of age on the day of filing of nomination; or 
(c) is an undischarged insolvent; or 
(d) being a discharged insolvent, has not obtained  from the court a certificate that 
his insolvency was caused by misfortune without any misconduct on his part; or 
(e) holds any office of profit under the Municipality; or 
(f) has, directly or indirectly by himself or by his  partner or employer or any 
employee, any share or interest in any contract or employment with, by, or on behalf 
of, the Municipality; or 
(g) is in the service of, or receives remuneration  from, the Central or the State 
Government or the Municipality; or Panchayat or any  Government aided society or 
organization as a regular or adhoc or contractual or contingency employee. 
(h) has been elected to, or appointed as a member  under, any other Municipality or 
Panchayat:or village authority as Gaon Bura, Gaon Buri  or Head Gaon Bura by 
whatever name called. 
Provided that notwithstanding anything  contained in clause (f), no person shall be  
deemed to be disqualified thereunder by reason only of his having a share or interest 
in- 
(i) any lease, sale or purchase of land or any agreement for the same; or 
(ii) any agreement for the loan of money or  any security for the payment of money  
only; or 
(iii) any newspaper in which any  advertisement relating to the affairs of  the 
Municipality is inserted; or 
(iv) any incorporated or registered company which contracts with, or is employed by, 
the Municipality. 
(2) A person shall be disqualified for being chosen as,  and for being, a member of a 
Municipality if he is so disqualified by or under any law for the time being 
in force for the purposes of election to the State Legislature. 
(3) If any question arises as to whether any person or  any member has become 
subject to any of the disqualifications mentioned in sub-section (1) or sub-section (2), 
the question shall be referr ed for decision to such authority and in such manner as  
the State Government may notify from time to time. 
 
Election of ineligible persons and disqualification subsequently incurred. 
32. (1) Where a person elected to be a member was not eligible for such e lection on 
account of any disqualification referred to in section 31 or where a person incurs such 
disqualification subsequent to his election as a member, the election of such person 
shall be void upon the Commission making a declaration to that effect by notification: 
Provided that no such declaration shall be  made if the question of such 
disqualification was raised in an election petition presented under this Act. 
(2) No act done by a member as aforesaid while  remaining in office shall be invalid 
on account of his election being declared void subsequently. 
(3) The casual vacancy arising out of any election being  declared void under this 
section shall be filled up in accordance with the provision of this Act within six 
months unless the State Election Comm ission decided otherwise by recording the 
reason(s) for such decision. 
 
Disqualification for dismissal for corruption or disloyalty 
33. (1) A person who having held an office under the Government of India or under 
the Government of any State or under any Municipality has been dismissed for 
corruption or for disloyalty  to the State or the Municipality, shall be disqualified for 
a period of five years from the date of such dismissal. 
(2) For the purpose of sub -section (I), a certificate  issued by the Commiss ion to the 
effect that a person having held office under the Government  of india or under the 
Government of a State or under  any Municipality has or has not been dismissed  for 
corruption or for disloyalty to the State or  Municipality shall be conclusive pr oof of 
that fact: 
Provided that no certificate to the effect that a  person has been dismissed for 
corruption or for  disloyalty to the State or Municipality shall be  issued unless such 
person has been given an opportunity of being heard. 
 
Disqualification for failure to lodge account of election expenses. 
34. (1) If the Commission is satisfied that a person- 
(a) has failed to lodge an account of election  expenses within three months (ninety 
days) from the date of declaration of results and in the manner required by or under 
this Act and rules made thereunder and 
(b) has no good reason or justification for such failure, the Commission shall, by order 
published in the Official Gazette, declare him to be disqualified and such person shall 
be disqualified for a period of three years from the date of the order. 
(2) The ceiling limit on election expenses shall be  prescribed by the State Election 
Commission in consultation with the State Government from time to time. 
 
Disqualification arising out of conviction and corrupt practices. 
35.91) If any person, after the commencement of this Act, is convicted of an offence 
punishable under section 171 E. or section 171 F, of the Indian Penal Code, or under 
section 125. or section 135, or clause (a) of  sub-section (2) of secti on 136, of the  
Representation of the People Act 1951, he shall,  for a period of six years from the 
date of conviction or from the date on which the order takes effect as  the case may 
be, be disqualified for contesting  and voting at any election, and his na me shall be  
struck off from the electoral roll. 
 (2) Any person disqualified by a decision of the Election Tribunal under section 77 of 
this Act for any period shall be disqualified for the same  period for contesting and 
voting at any election. 
 
 
 
Notification for general election to a Municipality. 
36. [(1) The first general election to a Municipality, newly  constituted, shall be held 
not later than six months from the date of notification constituting the Municipality. 
(2) A general election shall be held for the purpose of constituting a new Municipality 
on the expiration of the duration of the existing Municipality or on 
its dissolution and completed before the expiry of the duration of the Municipality. 
*[(3) For the purpose as aforesaid, the Commission shall, by one or more notifications 
published in the Official Gazette on such date or  dates as may be determined, call 
upon the Municipality to elect members in accordance with 
the provisions of this Act and the rules and the orders made thereunder.] 
*[Substituted by 2011 Amd Act (03 of 2011) .s2.wef 18th may 2011] 
 
CHAPTER-VI 
Conduct of Elections 
Appointment of dates for nomination etc. 
37. As soon as the notification calling upon a Municipality to elect  a member or 
members is issued,the Commission shall, by notification, appoint-  
(a) the last date for making nominations, which  shall be seventh day after the date 
of publication of the first mentioned notification or, if that day is a public holiday, the 
next succeeding day which is not a public holiday : 
(b) the date for the scrutiny of nominations, which  shall be the second day after the 
last day of making nominations , if that day is a public holiday, the next day which is 
not a public holiday: 
(c) the last date for the withdrawal of candidatures,which shall be the third day after 
the last date for the scrutiny of nominations or if that day is a public holiday, the next 
day which is not a public holiday; 
(d) the date or dates on which a poll shall,ifnecessary, be taken, which or the first or 
which shall be a date not earlier than the  fourteenth day after the last date for the  
withdrawal of candidatures ; and 
(e) the date before which the election shall be completed. 
 
 
Public notice of election. 
38. On the issue of a notification under section 37, the  Municipal Returning Officer 
shall, in such form and  manner as may be prescribed, give public notice of the  
intended election inviting nominations of candidates for such election and specifying 
the place at which the nomination papers shall be delivered. 
 
Nomination of candidates for election  
39. Any person may be nominated as a candidate to fill a seat in a Municipality if he 
is qualified to be chosen to fill that seat under the provisions of this Act. 
Provided that no elector shall propose more than one candidate and shall not suffer 
from any of the disqualifications provided under section 31, 34 and 35. 
Provided further that all nomination papers in  favour of more than one candidate 
shall be rejected if they are subscribed by the same person. 
 
 
 
Presentation of nomination paper and requirements for valid nomination 
40. (1) On or before the date appointed under clause (a) of section 37, each candidate 
shall, either in person or by his proposer, between the hours of eleven o'clock in the 
forenoon and three o'clock in the  afternoon, deliver to the Municipal Returning  
Officer at the place specified in this behalf in the  notice issued under section 3 8 a 
nomination paper completed in the prescribed form and signed by the candidate and 
by an electoral of the constituency as proposer : 
Provided that a candidate not set up by a  recognized Political Party, shall not be 
deemed to be duly nominated for election unless the nomination paper is subscribed 
by ten proposers being electors of the Constituency : 
Provided further that, no nomination paper  shall be delivered to the Municipal 
Returning Officer on a day which is a public holiday. 
(2) In a constituency where any seat is reserved for women, a candidate shall not be 
deemed to be  qualified to be cho sen to fill that seat unless her  nomination paper 
contains a declaration by her specifying the particulars as contained in section 30 (2). 
(3) Where the candidate is a person who, having held any office referred to in section 
33 has been dismissed and a period of five years has not elapsed 
since the dismissal, such person shall not be  deemed to be duly nominated as a 
candidate unless his nomination paper is accompanied by a  certificate issued in the 
prescribed manner by the Commission to the effect that he has not been dismissed 
for corruption or disloyalty to the State. 
(4) On the presentation of a nomination paper, the Municipal Returning Officer shall 
satisfy himself that the names and electoral roll of the candidate and his  proposers, 
as the case may be,  as entered in the  nomination papers are the same as those 
entered in the electoral roll : 
Provided that no misnomer or inaccurate description or clerical, technical or printing 
error in regard to the name of the candidate or his proposer or any other person, or 
in regard to any place,  mentioned in the electoral roll or the nomination  paper and 
no clerical, technical or printing error in  regard to the electoral roll numbers of any 
such person in the electoral roll or the nomination paper,  shall affect the f ull 
operation of the electoral roll or  the nomination paper with respect to such person  
or place in any case where the description in regard  to the name of the person of 
place is such as to be  commonly understood, and the Municipal  Returning Officer 
shall permit any such misnomer  or inaccurate description of clerical, technical or  
printing error to be corrected and, where necessary,  direct that any such misnomer 
or inaccurate description or clerical, technical or printing error in the electoral roll or 
in the nomination paper shall be overlooked. 
(5) Where the candidate is an elector of a different  constituency of Municipal ity. a 
copy of the  electoral roll of the constituency or of the relevant part thereof or  a 
certified copy of the relevant  part thereof or a certified copy of the relevant entries 
in such roll shall, unless it has been filed along with the nomination paper. be 
produced before the Municipal Returning Officer at the time of scrutiny. 
(6) Nothing in this section shall prevent any candidate from being nominated by more 
than one nomination paper: 
Provided that not more than four nomination  papers shall be presented by or on 
behalf of any candidate or accepted by the Municipal Returning  Officer for election 
in the same constituency. 
(7) Every candidate shall, with the nomination paper file an affidavit in such manner 
as may be prescribed  by the Commission. The affidavit under this sub  section shall, 
unless it is produced along with the  nomination paper,  be produced before the  
Municipal Returning Officer at the time of scrutiny. 
 
Deposits 
41. ( 1) A candidate shall not be deemed to be duly  nominated for election from a 
constituency unless he deposits or causes to be deposited a sum of one  thousand 
rupees, or, where the candidate is a member of the Scheduled Tribes, or a woman, a 
sum of five hundred and fifty rupees : 
Provided that where a candidate has been nominated by more than one nomination 
paper for  election in the same constituency, not more than  one deposit shall be 
required of him under this subsection. 
(2) Any sum required to be deposited under subsection  (1) shall not be deemed to 
have been deposited under that sub -section unless, at the time  of delivery or the 
nomination paper under subsection ( l ), the candidate has either deposited or caused 
to be deposited that sum with the Municipal  Returning Officer in cash or enclosed 
with the nomination paper a receipt showing that the said sum has been deposited 
by him or on his behalf in the Government Treasury. 
 
Notice of nominations and the time and place for their scrutiny. 
42. (1) The municipal Returning Officer shall,on receiving the nomination paper under 
sub-section ( 1) of  section 40. inform the person or persons delivering  the same of 
the date, time and place fixed for the  scrutiny of nomination and shall enter on the  
nomination paper its serial number and shall sign  thereon a certificate stat.ng the 
date on which and  the hour at which the nomination paper has been  delivered to 
him. and shall, as soon as may be thereafter, cause to be affixed in some conspicuous 
place in his office a notice of the nomination  containing description similar to those 
contained in the nomination paper, both of the candidate and of the proposer. 
 
scrutiny of nomination 
43. (1 ) On the date fixed for the Scrutiny of  nomination under section 37, the 
candidates, their election agents, one proposer of each candidate,  and one  other 
person duly authorized in writing by each candidate, but no other person, may attend 
at such  time and place as the Municip al Returning Officer  may appoint,  and the 
Municipal Returning Officer shall give them all reasonable facilities for examining the 
nomination papers of all candidates which have  been delivered within the time and 
in the manner laid down in section 40. 
(2) The Municipal Returning Officer shall then examine  the nomination papers and 
shall decide all objections which may be made to any nomination and may, either on 
such objection or on his own motion, after such summary inquiry, if any, as he thinks 
necessary, reject any nomination on any of the following grounds: 
(a) that on the date fixed for the scrutiny of  nominations the candidate either is not  
qualified or is disqualified for being chosen to fill the seat under this Act : 
(b) that there has been a failure to comply with any of the provisions of section 40 or 
section 41: or. 
(c) that the signature of the candidate or the , proposer on the nomination papers is 
not genuine. 
(3) Nothing contained in clause (b) or clause (c) of sub-section (2) shall be deemed to 
authorize the  rejection of the nomination of any candidate on the  ground of any 
irregularity in respect of a nomination  paper, if the candidate has been duly 
nominated by means of another nomination paper in respect of which no irregularity 
has been committed. 
(4) The Municipal Returning Officer shall not reject  any nomination paper on the 
ground of any defect which is not of a substantial character. 
(5) The Municipal Returning Officer shall hold the  scrutiny on the date a ppointed in 
this behalf under clause (b) of section 37 and shall not allow any adjournment of the 
proceedings except when such proceedings are interrupted or obstructed by riot  or 
open violence or by causes beyond his control : 
Provided that in case an obj ection is raised by the Municipal Returning Officer or is 
made by any other person, the candidate concerned may be allowed time to rebut it 
not later than the next day  but one following the date fixed for scrutiny, and  the 
Municipal Returning Officer shall  record his  decision on the date to which the 
proceedings have been adjourned. 
(6) The Municipal Returning Office shall endorse on  each nomination paper his 
decision accepting or  rejecting the same and, if the nomination paper is  rejected, 
shall record in writing a brief statement or his reason for such rejection. 
(7) For the purposes of this section, a certified copy  of an entry in the electoral roll 
for the time being in force of a Municipality shall be conclusive evidence 
of the fact that the person referred to in that entry is an elector for that Municipality, 
unless it is proved that he is subject to a disqualification mentioned in this Act or the 
rules made thereunder. 
(8) Immediately after all the nomination papers have  been scrutinized and decision 
accepting or rejecting the same have been recorded, the Municipal 
Returning Officer shall prepare a list of validity  nominated candidates, that is to say, 
candidates whose nominations have been found valid, and  affix it to the notice 
board. 
 
Withdrawal of candidature. 
44. (l) Any candidate may withdraw his candidature by a notice in writing which shall 
contain such  particulars as may be prescribed and shall be  subscribed by him and 
delivered before three o'clock  in the afternoon on the day fixed under clau se (c) of 
section 37 to the Municipal Returning Officer  ,either by such candidate in person or 
by his proposer or election agent who has been authorized  in this behalf in writing 
by such candidate. 
(2) No person who has given a notice of withdrawal of  his candidature under sub -
section (1) shall be allowed to cancel the notice. 
(3) The Municipal Returning Officer shall, on being satisfied as to the genuineness of 
a notice of withdrawal and the identity of the person delivering  it under sub-section 
(1), cause the notice to be affixed in some conspicuous place in his office. 
 
Mention of symbol in nomination paper/ Allotment of symbol.  
45. (1) Immediately after the expiry of the period within which candidates may 
withdraw their candidature section 44, the Munic ipal Returning Officer  shall 
forthwith consider the allotment of symbols in the prescribed manner to the 
independent and  other candidates who have not withdrawn their candidature. 
(2) For the purpose of election to the Municipalities  in Arunachal Pradesh,  the 
National Parties and  State Parties for the Arunachal Pradesh, as are  recognized for 
the time being by the Election Commission of India in the State of Arunachal 
Pradesh, shall be recognized as such by the State  Election Commission. The 
Commission shal l also  adopt free symbols as have been notified by the  Election 
Commission of  india for the time being in  respect of elections of Lok 
Sabha/Legislative Assembly in the State of Arunachal Pradesh. The  commissioner 
shall recognize the parties and adopt symbols subject to the following conditions, 
namely: 
(a) The national Parties and the State parties recognized by the Election Commission 
of india shall be recognized under the very same name by the Commission. 
(b) The National Parties and the State Parties recognized by the Election Commission 
of India shall use only those very symbols which are reserved for them by the Election 
Commission of India and not any other symbol. 
(c) The facsimiles of the symbols thus allowed  shall not be different from the 
facsimiles prescribed and recognized by the Election Commission of India. 
Provided that such a political party can set up only one candidate per ward. 
Provided further that ticket issued earlier shall  prevail unless it is specifically 
rescinded, revoked, cancelled or withdrawn by such a  political party before the 
commencement of scrutiny of nomination papers. 
(3) The Flection Commissioner  shall specify by notification in the official Gazette. the 
symbols that  may be chosen by independent and other  candidates and the 
restrictions to which their choice shall be subjected to. 
(4) In the nomination paper,  a candidate other than a  candidate of a recognized 
political party, shall mention three symbols as his first preference, second preference 
and third preference, and a candidate a recognized political party shall mention  the 
symbol reserved for such political party. 
(5) The Municipal returning Officer shall consider the choice of symbols expressed by 
the independent and other contesting candidates in their nomination papers subject 
to any general or special directions  issued in this behalf by the State Election  
Commission and shall 
(a) allot a different symbol to each contest

Excerpt shown. Open the full act in Lexace.

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