LexThe Madhya Pradesh Municipalities Act, 1961
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Open in Lexace · Ask the AI about this actThe Madhya Pradesh Municipalities Act, 1961
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CHAPTER I
PRELIMINARY
1. Short title, extent and Commencement
(1) This Act may be called the Madhya Pradesh Municipalities Act, 1961.
(2) It extends to the whole of Madhya Pradesh.
(3) It shall apply to the smaller urban area or a transitional area, as the case may be, from the date
on which they are notified as such order Section 5.
2. Repeal and Saving.-
(1) The Central Provinces and Berar Municipalities Act, 1922 (II of 1922), the Madhya Bharat
Municipalities Act, 1954 (I of 1954), the Vidhya Pradesh Municipalities Act, 1946, and the
Bhopal State Municipalities Act, 1955 (III of 1956), are hereby repealed.
(2) Notwithstanding such repeal -
(i) all Municipal Committees, Municipal Councils, Municipal Boards and Notified Area
Committees constituted, Co mmittees or Sub -Committees constituted, or appointed, limits
defined, appointments, rules, orders, and bye -laws made, notifications and notices issued, taxes
imposed or assessed, fees fixed, contracts entered into, suits instituted and proceedings
undertaken or any other things done or action taken under the said Acts or any enactment thereby
repealed shall, in so far as they are not inconsistent with the provisions of this Act, be deemed
made, issued, imposed or assessed, fixed, centered into, instituted, undertaken, done or taken
under this Act;
(ii) the Committees, Councils, Boards and Sub -Committees referred to in sub-clause (i) and the
Presidents, Vice -Presidents, Presiding Officer by whatever designation known, members and
Councillors thereof shall continue to function until the expiry of their respective terms under the
repealed Act and Vacancy, Including a causal vacancy, in the office of the President, Vice -
President, other Presiding Officer, member or Councillors, or as the case may be, in any o f the
said bodies, occurring before the expiry of the term of the body concerned, may be filled in the
manner provided in such repealed Act and the rules made there under :
Provided that ---
(a) the State Government may, by a general or special order, determine the term earlier;
(b) the term of the Municipal Committees, Municipal Councils and the Municipal Boards
shall, notwithstanding the expiration of their terms, be deemed to extend to and expire
with, the day immediately preceding the date expire appointment under sub-section (2) of
Section 55 for the first meeting of the Councils constituted under the Act for the first time
in their respective places;
(c) the term of the Notified Area Committees shall, notwithstanding the expiry of their terms,
be deemed to exten d to, and expire with, the date immediately preceding to the date on
which they are reconstituted under clause (d) of sub-section (1) of Section 341;
(d) the President, Vice-President or other Presiding Officer, by whatever designation known,
of a body referred to in clause (b) and (c) shall, notwithstanding the expiry of his term,
continue to carry on the duties of his office until such time as a new President, Vice -
President or Presiding Officer, as the case may be, shall have been elected or appointed,
and taken over charge of his duties;
(e) subject to the provision of clause (a) and (d) above, the term of Councillors or members
shall not extend beyond the term of the Committee, Council or the Board, as the case may
be, as specified in clause (b) or clause (c);
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(iii) any action initiated for recovery of taxes under the said Acts or any enactment thereby
repealed shall be continued in accordance with the provision thereof;
(iv) (a) all employees belonging to or under control of the bodies mentioned in clause (i)
immediately before the commencement of this Act shall be deemed to be the employees of the
Councils under this Act;
(b) the conditions of service including the salary, allowances, gratuit y, annuity, pensions
and other payments required to be made i n accordance with the conditions of service existing in
respect of the employees of the said bodies immediately before the commencement of this Act
shall be deemed to be their conditions of service including the salary, allowances, gratuity,
annuity, pensions and other payments required to be made in accordance with the conditions of
service under this Act until altered in accordance with the provisions of this Act or the rules
made there under.
Explanation I. --- For removal or doubt, it is hereby declare d that any rules or bye-laws made or
anything done under the enactments hereby declared that any rules or bye-laws made or anything
done under the enactments hereby repealed shall not be deemed to be inconsistent with the
provisions of this Act merely on t he ground that the procedure followed in making such rules or
bye-laws or doing such thing was different from the prescribed under this Act.
Explanation II. -- Where any authority specified by or under the repealed Acts ceases to exist
after the commencement of this Act, the powers exercisable by such authority under the repealed
Acts shall, for the purpose of this Act, be exercisable by such authority as the State Government
may, by notification, specify in this behalf and the cases pending before the firs t mentioned
authorities shall, on such notification, stand transferred to the authorities mentioned in such
notification and be disposed of in accordance with the provisions of the repealed Acts.
3. Definitions.-
In this Act unless the context otherwise requires :-
(1) "assessment list" means any municipal assessment register prepared and maintained in
accordance with the provision of this Act or rules made there under and includes any
register subsidiary thereto;
(2) "building" includes a hut, shed or other enc losure whether used as a human dwelling or
otherwise , and shall includes wells, walls, verandahs, fixed platforms, plinths, doorsteps
and the like but shall not include a tent or a temporary shed erected on ceremonial or
festival occasions;
(3) "building line" means a line beyond which the outer face or any part of an external wall
of a building should not project in the direction of any street existing or proposed;
(4) "bye-law" means a bye-law made in exercise of a power conferred by this Act;
(5) “Chief Municipal Officer” means the Chief Municipal Officer for the Municipal Council
appointed under Section 87 or 89 and includes any municipal officer empowered under
this Act to exercise, perform or discharge any of the powers, duties or functions of the
Chief Municipal Officer to the extent to which such officer is so empowered;
(5-a) "Committee" means a Committee constituted under this Act;
(6) "Corrupt practice" means any of the practices specified in Section 28;
(7) "Councillor" means any person who is legally a member of a Council;
(8) "Council" means Municipal Council or Nagar Panchayat constituted by or under this Act.
(9) "Conservancy" means the removal and disposal of sewage, offensive matter and rubbish;
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(10) "drain" includes a sew er, tunnel, pipe, ditch, gutter, or channel, and a ny cistern, flush,
tank, septic tank, or other device for carrying off or treating sewage, offensive matter,
polluted water, sullage, waster water, rain -water or subsoil water and any culvert,
ventilation shaft or pipe or other appliance or fitting connect ed therewith, and any
ejectors, compressed -air, mains, sealed sewage, mains and special machinery or
apparatus for raising, collecting, expelling or removing sewage of offensive matter from
any place;
(10-a) "district" means a district as constructed in th e Madhya Pradesh Land Revenue Code,
1959.
(11) "erect or re-erect any building" includes --
(i) any material alteration or enlargement of any building;
(ii) the conversion by structural alteration into a place for human habitation of any building
not originally constructed for human habitation;
(iii) the conversion of one or more places of human habitation into a greater number of such
places;
(iv) the conversion of two or more places of human habitation into a lesser number of such
places;
(v) such alteration of building as effect a change in its drainage or sanitary arrangements or
materially affect its security; and
(vi) the addition of any rooms, buildings, out-houses or other structure to any buildings;
(11-a) the expression "essential service" means the service in connection with t he municipal
fire brigade, the municipal air compressor, the pumping station, drainage, conservancy or
water supply of the Municipality and any such other services as may be notified by the State
Government and the expression "essential municipal officer o r servant" means every person
employed in the essential services;
(12) "explosive" and "petroleum" shall have the meanings assigned to them in the Indian
Explosive Act, 1884 (IV of 1884), and the Petroleum Act, 1934 (XXX of 1934),
respectively;
(13) "food" means any article used as food or drink for human consumption other than drugs
and water and includes -----
(a) any article which ordinarily enters into or is used in the composition or preparation of
human food; and
(b) any flavoring matter or condiments;
(13-a) "goods" means any material, commodity or article, and includes animals, electricity
and electro-magnetic waves or signals transmitted through wires or wireless device;
(14) "house gully" means a passages or strip of land constructed, set apart or util fised for the
purpose of serving as a drain or affording access to a privy, urinal, cesspool or other
receptacle for filthy or polluted matter, to municipal servants or to persons employed in
the cleansing thereof or in the removal of such matter there from;
(15) "inhabitant" includes any person ordinarily residing or carrying on business, or owning
or occupying immovable property in any municipality or in any local area which the
State Government has, by notification, proposed to declare to be a municipality ;
(16) "land" includes benefits arising out of land, houses and things attached to the earth, or
permanently fastened to anything attached to the earth and also land which is being built
upon or is built upon or covered with water;
(17) "market" or bazar" means ---
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(a) a place where pers on assemble for the sale of meat, fish, fruit, vegetables, live -stock, or
any other articles of food of a perishable nature, whether or not there is any collection of
shops, warehouses or stalls for the sale of other articles in such place; or
(b) any place o f trade other than a place referred to in sub -clause (a) where there is a
collection of shops, warehouses or stalls,
and shall include any "Hat" or place, where trade or business is carried on either weekly or bi -
weekly or on certain fixed days of the week;
(18) "Municipality" means a Municipal Council or a Nagar Panchayat constituted under
Section 5 of this Act.
(18-a) "Municipal area" means the smaller urban area or the transitional area, as the
Governor may, by public notification, specify, in accordance with the provisions laid down in
Section 5 of this Act.
(19) "municipal drain" means a drain vested in a Council;
(20) "municipal market" means a market vested in or managed by a Council;
(21) "municipal slaughter-houses" means a slaughter house vested in or managed by a
Council;
(22) "nuisance" includes any act, omission, place or thing which causes or is likely to cause
injury, danger, annoyance or offence to the sense of sight, smell or hearing or
disturbance to rest or sleep of the community or which is or may be dangerous t o life or
injurious to the health or property or offends against public morality;
(23) " occupier" means any person in actual possession of any land or building and includes
an owner in actual possession, and a tenant or licensee, whether such tenant or licensee is
liable to pay rent or not;
(24) "owner" when used with reference to any land or building includes the person for the
time being receiving the rent of the land or building or of any part of the land or building
whether on his own account or as agent or trus tee for any person or society or for any
religious or charitable purpose or as a receiver who would receive such rent if the land,
building or part thereof were let to a tenant;
(25) "offensive matter" includes animal carcasses, dung, dirt, or putrid or putrif ying
substances and filth of any kind which is not included in "sewage" as defined in this
section;
(25-a) "Population" means the population as ascertained at the last preceding census of which
the relevant figures have been published.
(26) "prescribed authorit y" means an authority which the State Government may, by
notification, generally or with respect to any provision of this Act, declare to be a
prescribed authority;
(27) "public place" means a space, not being private property which is open to the use or
enjoyment of the public whether such space is vested in the Council or not;
(28) "public street" means any street ---
(a) over which the public have right of way, or
(b) which has been heretofore levelled, paved, metalled, asphalted, channelled, sewered or
repaired out of municipal or other public funds; or
(c) which under the provisions of this Act becomes a public street,
and includes -----
(i) the roadway over any public bridge or causeway;
(ii) the footway attached to any such street;
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(iii)public bridge or causeway, and the drains atta ched to any such street, public bridge or
causeway
(29) "private street" means a street which is not a "public street"
(30) "privy" means a place set apart for defecating or urinating or both, together with the
structure comprising such place, the receptable therin for human excreta and the fitting
and apparatus, if any, connected therewith, and including a closet of the dry type, an
aqua privy, a latrine and urinal;
(31) "rubbish" includes dust, ashes , broken bricks, mortar, broken glass, garden or stable
refuse or refuse of any kind which is not "offensive matter" or sewage" as defined in this
section;
(32) "regular line of the street" means the line dividing the land comprised in and forming
part of street from the adjoining land and includes any proposed alignment;
(33) "sewage" means night -soil and other contents of water -closets, latrines, privies, urinals,
cesspools or drains and polluted water from sinks, bathrooms, stables, cattle sheds, and
other like places and includes trade effluents and discharge from manufactories of all
kinds;
(34) "sewer" includes a drain, a house drain or a drain of any other description and any other
device for carrying off sullage, sewage, offensive matter, polluted water, rain -water, or
sub-soil water;
(35) "slaughter house" means any place used for the slaughter of cattle, sheep, goats, kids or
pigs;
(35-a) "State Election Commission" means the State Election Commission constituted under
Article 243-K of the Constitution.
(35-b) "Social Audit" means the review of the impact of policies, programmes, schem es and
procedure adopted or implemented by any municipal authority, by a group or groups of
persons residing within the municipal area;
(36) "street" means any road, footway, square, Court, alley or passage, accessible, whether
permanently or temporarily to the public whether a thoroughfare or not.
and shall include every vacant space, notwithstanding that it may be private property and partly
or wholly obstructed by any gate, post, chain or other barrier, if houses shops or other building
about thereon, and if it is used by any persons as means of access to or from any public place or
thoroughfare, whether such persons be occupiers of such buildings or not, but shall not include
any part of such space which the occupier of any such building has a right at all h ours to prevent
all other persons from using as aforesaid,
and shall include also the drains on either side and the land whether covered or not by any
pavement, verandah or other erection, which lies on either side if the roadway up to the
boundaries of t he adjacent property, whether that property be private property or property
reserved by the State Government or by the Council for any purpose other than a street;
(37) "tax" includes any toll, rate, cess, fee or other impost leviable or levied under this Act.
(38) "vehicle" includes a bicycle, tricycle, motor car and every wheeled conveyance which is
used or capable of being used in a public street;
(39) Omitted.
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CHAPTER II
CONSTITUTION OF MUNICIPALITIES
4. Omitted
5. Constitution of Municipal Councils and Nagar Panchayats.-
(1) There shall be constituted-
(a) a Municipal Council for a smaller urban area; and
(b) a Nagar Panchayat for a transitional area , that is to say an area in transition from a rural
area to an urban area.
Provided that a Munici pal Council or a Nagar Panchayat, as the case may be , may not be
constituted in such urban area or part thereof as the Governor may, having regard to the size of
the area and the municipal services being provided or proposed to be provided by an industri al
establishment or a group of such establishments inn that area and such other factors as he may
deem fit, by public notification specify to be an industrial township:
Provided further than when an area is notified to be a transitional area, the Gra m Panchayat
having jurisdiction over such area shall continue to function until a duly elected Nagar Panchayat
is constituted under this Act.
(2) In this Section a smaller urban area, or ‘a transitional area, means such area as the Governor
may, having r egard to the population of the area, the density of the population therein, the
revenue generated for local administration, the percentage of employment in non -agricultural
activities, the economic importance or such other factors, as he may deem fit speci fy, by public
notification for the purpose of this Act.
(3) Omitted.
5-A. Power of State Governor to include or exclude certain area.-
(1) The Governor may, by notification in the Gazette, declare the intention to include within or
exclude from the limits of a municipal area , any specified area.
(2) If the local authority having jurisdiction in the said area or any person resident therein,
objects to such declaration, such authority or person may submit an objection in writing to the
Collector within a prescribed period and the Governor shall take such objection into
consideration.
(3) When the said period has expired and the Governor has considered the objection under
sub-section (2), the Governor may, b y notification, include wi thin or exclude from the limits of
the municipal area, any specified area;
Provided that when an area is excluded from the limits of any municipal area, such area
notwithstanding such exclusion shall continue to be within the limits of the muni cipal area until
the area so excluded is included in a duly constituted Panchayat area.
6. Procedure for publication of notification-
Every notification under Section 5 shall be published in the Official Gazette and in at least one
Hindi newspaper havi ng circulation in the area to which it relates and also by pasting a copy
thereof-
(a) in a conspicuous place in the office of the Collector;
(b) in a conspicuous place in the office of the Municipality, if any, affected by the notification;
and
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(c) in such conspicuous places in the area affected by the notification as the Collector may
deem fit.
7. Effect of establishing Municipality for local area which ceases to be Town area or
Panchayat-
When any local area ceases to be a Town Are a under the Bhopal State Town Area Act,
1954(XIV of 1954) , or a Panchayat under the Panchayat Law and immediately following such
cessation a Municipality is established under Section 5 for such area then as from the date of
the establishment of the Municipality (hereinafter in this section referred to as the specified date)
the following consequences shall ensure, namely:-
(a) the Town Area Committee or the Panchayat, as the case may be, shall cease to exist;
(b) there shall be constituted a committee in accordance with the provision of Section 16 to
exercise the powers of the Council pending its constitution;
(c) the unexpanded balance of the Town Area Fund or the Panchayat Fund and the
property (including areas of rates, taxes rents, and fees) belonging to the Town Area Committee
or the Panchayat and all rights and powers which prior to such notification were vested in the
Town Area Committee or the Panchayat shall , subject to all charges and liabilities affecting th e
same, vest in the Committee until a Council is constituted under this Act;
(d) any appointment, notification, notice , tax, order, scheme licences, permission, rule,
bye-law or form made, issued imposed or granted under the Bhopal State Town ar ea Act, 1954
(XIV of 1954), or the Panchayat law before the specified date in respect of such local area shall
so far as it is not inconsistent with the provisions of this Act continue, to be in force and be
deemed to have been made, issued imposed or gra nted in respect of the Municipality until it is
superseded or modified by any appointment, notification, notice, tax, order, scheme, licence,
permission, rule, bye-law or form made, issued, imposed or granted under this Act;
(e) all budget estimate s, assessment, assessment list, valuation or measurement made or
authenticated under the Bhopal State Town Area Act, 1954(XIV of 1954) , or the Panchayat
law immediately before the specified date and in respect of the local area shall be deemed to
have been made or the authenticated under this Act;
(f) all debts or obligations incurred and all contracts made by or on behalf of the Town
Area Committee or Panchayat immediately before the specified date and subsisting on the
specified date shall be deemed to have been incurred and made by the Council in exercise of the
powers conferred under this Act;
(g) all officers and servants in the employ of the Town Area Committee or Panchayat as
the case may be, immediately before the specifi ed date shall be officers and servants of the
Council under this Act and shall, until other provisions is made in accordance with the provisions
of this Act, receive salary and allowance and be subject to conditions of service to which they
were entitled or subject immediately before such date;
Provided that it shall be competent to the council to discontinue the services of any officer or
servant who in its opinion , is not necessary or suitable to the requirement of the municipal
service after giving such officer or servant notice as is required to be given by the terms of this
employment:
Provided further that previous sanction of the State Government shall be obtained for
discontinuing the services of any permanent officer or servant under the preceding proviso who
on such discontinuance shall be entitled to such leave, pension provident fund and gratuity as he
would have been entitled to take or receive on being invalidated from service as if the Town
Area Committee or Panchayat in the employ of which he was, had not ceased to exist.
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(h) all proceedings pending immediately before the specified date before, the Town Area
Committee or Panchayat or any other authority, as the case may be, shall be deemed to be
transferred to and continued by the Council or such authority.
(i) all appeals pending immediately before the specified date before the Town Area
Committee or the Panchayat or any other authority, shall so far as may be practicable, be
disposed of as if such local area had not become a Municipality when they were filed;
(j) all prosecutions institute by, or on behalf of the Town Area Committee or the Panchayat
and all suits and legal proceedings instituted by or against, such Town Area Committee or
Panchayat pending on the specified date shall be continued by or against the Council as if such
local area had not become a Municipality when such suits of proceedings were instituted;
(k) on the application of this Act to any area under sub -section ( 3) of Section 1, the
authority or any institution if performing the municipal functions shall cease to perform such
functions and all assets and liabilities of such authority or institution shall vest in the Municipal
Council or Nagar Panchayat, as the case may be, constituted under this Act;
Explanation- In this section “Panchayat Law” means a low for the time being in force for the
organization and administration of Village Panchayat in the State.
8. Effect of including local area in a Municipality-
When a local area has been included in a Municipality by a notification under Section 5A all
notifications, rules, bye -laws, orders, directions, notices and powers made, issued or conferred
under this Act and in force throughout the Municipality at the ti me. Shall, unless the State
Government, by notification, otherwise directs apply to such local area.
9. Effect of Excluding local area from Municipality-
(1) When a local area is excluded from a Municipality by a notification published under section
5 A –
(a) all notifications, rules, bye -law, orders, directions, notices and powers made, issued or
conferred under this Act shall cases to apply thereto; and
(b) the State Government shall frame a scheme determining what portion of the balance of the
Municipal Fund and all other property vested in the Council shall, on such exclusion, vest-
(i) Where such area is included within the limits of any other local authority, in such local
authority; and
(ii) in any other case, in the State Government;
and in what manner the liability of the Council shall be apportioned between the Council and any
such local authority or the State Government, as the case may be and on the publication of such
scheme in the Gazette, such property and liability shall vest and be apportioned accordingly:
Provided that before framing any such scheme the State Government shall consult the Council
and where the area is included within the limits of any other local authority, also such authority.
(2) Notwithstan ding anything contained in sub -section (1) all moneys due to the Council,
immediately before the date of such exclusion, on account of tax, toll, fee, rate, or otherwise
may, in respect of the area so excluded, be recovered by the Council as if such area has not been
excluded.
10. to 15. Omitted
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16. Exercise of powers of Council pending its constitutions. ---
(1) When an area is declared to be a Municipality for the first time under this Act, the State
Government, shall, by notification, constitute a Committee consisting of a President. [a Vice -
President] and such number of members as it may deem fit and such a Committee shall be
deemed to be a Council for the purpose of this Act:
Provided that no person shall be appointed as President or Vice -President or member of such a
Committee who is ineligible to hold such office in the Council under this Act.
(2) A Committee constituted under sub -section (1) shall continue to function until a Council is
constituted under this Act or until the expiration of s ix months from the date of its constitution
which is earlier.
(3) The State Government may, by notification, at any time remove the President, Vice -
President or a member of the Committee and appoint any other person eligible to be so appointed
in his place.
(4) Notwithstanding anything contained in sub-section (1), the provisions of sections 41, 47 and
48 shall not apply to the Committee.
17. Erection and maintenance of boundary mark-
Every Municipality shall demarcate the boundaries of the mun icipality by permanent
boundary marks in such manner as may be prescribed by rules and shall be responsible for the
maintenance and repairs thereof.
18. Incorporation of Municipalities-
Every Municipality constituted under section 5 of this Act, shall be a body corporate by
the name of the Municipal Council or Nagar Panchayat, as the case may be, and shall have
perpetual succession and a common seal, with power to acquire and hold property, both movable
and immovable, and subject to the provi sions, of this Act or any rules made there under, to
transfer any property held by it and to contract and to do all other things necessary for the
purpose of this Act and may sue and be sued in its corporate name.
19. Composition of Municipal Council or Nagar Panchayat-
(1) A Municipal Council or a Nagar Panchayat, shall consist of-
(a) President, that is Chairperson, elected by direct election from the Municipal area;
(b) Councillors elected by direct election from the wards;
(c) Not more than four persons in the case of Municipal Councils and not more than two
persons in the case of Nagar Panchayats having special knowledge or experience in Municipal
Administration nominated by the State Government.
Provided that only a person residin g within the Municipal area and being otherwise not
ineligible for election as a Councillor may be nominated;
(d) Members of the House of the people and the Members of the Legislative Assembly of the
State representing constituencies which comprise wholly or partly the municipal area;
(e) Members of the Council of State registered as electors within the municipal area;
Provided that a member of the House of the people and a member of the State Legislative
Assembly as mentioned in clause (d) or a member of council of State, as mentioned in clause (e)
may nominate his representative, who possesses such qualifications as may be prescribed in this
behalf to attend the meeting of the Council.
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(2) The person nominated under clause (c) of sub -section (1) shall hold office during the
pleasure of the State Government.
(3) Persons referred to in clauses ©, (d), and (e) of sub-section (1) shall
be deemed to be councilors, but shall not have the right to vote in the meetings of the Council.
(4) If any municipal area fails to elect a President or any ward fails to elect a Councillor, fresh
election proceedings shall be commenced for such municipal area or ward, as the case may be,
within six months to fill the seat, and until the seat is filled it shall be treated as casual vacancy:
Provided that proceedings of election of Vice -President, or any of the Committees under
the Act shall not be stayed, pending the election of such seat.
20. Election petitions.-
(1) No election or nomi nation under this Act shall be called into question except by a petition
presented in accordance with the provisions of this section.
(2) Such petition may be presented on one or more of he grounds specified in section 22-
(a) by any candidate at such election or nomination; or
(b) (i) in the case of an election of a councilor, by any voter of the ward concerned;
(ii) in the case of a nomination of Councillor, by any Councillor;
(iii) in the case of election of President by any voter of the Municipal area;
to the District Judge, where such election or nomination is held within the revenue district in
which the Court of the District Judge is situate, and in any other case, to the Additional District
Judge having the permanent seat of his Court within the revenue district in which such election
or nomination is held and if there be more than one such Additional District Judge within the
said revenue district, to such one of them as the District Judge may specify for the
purpose(herein after such district Judge or Additional District Judge referred to as judge.
(3) No petition presented under sub-section (2), shall be admitted unless-
(i) it is presented within thirty days from the date on which the result of such electi on or
nomination was notified in the Gazette; and
(ii) it is accompanied by a Government Treasury receipt showing a deposit of two hundred
rupees, in the case of election or nomination to Municipal Council and one hundred rupees, in
the case of election or nomination to Nagar Panchayat.
(4) A petitioner shall join as respondents to his petition-
(a) where the petitioner, in addition to claiming a declaration that the election or nomination,
as the case may be, of all or any of the returned candidates is void, claims a further declaration
that he himself or any other candidate has been duly elected or nominated, all the contesting
candidates other than the petitioner, and where no such further declaration is claimed, all the
returned candidates; and
(b) any other candidate against whom allegations of any corrupt practice are made in the
petition.
(5) an election petition shall-
(a) contain a concise statement of the material facts on which the petitioner relies;
(b) se t forthwith sufficient particulars, the ground or grounds on which the election or
nomination is called in question;
(c) be signed by the petitioner and verified in the manner prescribed in the Code of Civil
procedure,1908 (V of 1908), for the verification of pleadings.
21. Relief that may be claimed by petitioner. ----
(1) A petitioner may claim --
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11
(a) a declaration that the election or [nomination] of all any of the returned candidates is void;
and
(b) in addition thereto a further declaration that he himself or any other candidate has been duly
elected.
(c) The expression "returned candidate" means a candidate whose name is notified in the
Gazette under section 45.
22. Grounds for declaring election or Nomination to be void. - (1) Subject to the provisions of
sub-section (2) if he Judges is of the opinion-
(a) that on the date of his election or nomination a returned candidate was not qualified or was
disqualified, to be chosen as a President or a Councillor, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any
other person with the consent of a returned candidate or his agent; or
(c) that any nomination paper has been improperly rejected; or
(d) that the result of the election, or nomination in so far as it concerns a returned candidate has
been materially affected-
(i) by the improper acceptance of any nomination; or
(ii) by the improper acceptance or refusal of any vote or reception of any vote which is void;
or
(iii) by the non-compliance with the provisions of this Act or of any rules or orders -made
there under save the rules framed under section 14 in so far as they relate to preparation and
revision of list of voters;
he shall declare the election or nomination of the returned candidate to be void.
(2) If in the opinion of the Judge a returned candidate has been guilty by an agent of any corrupt
practice, but the Court is satisfied-
(a) that no such corrupt practice was committed at the election or nomination by the c andidate,
and every such corrupt practice was committed contrary to the instructions, and without the
consent of the candidate;
(b) that the candidate took all reasonable means for preventing the commission of corrupt
practices at the election or nomination; and
(c) that in all other respect the election or nomination was free from any corrupt practice on
the part of the candidate or any of his agents;
then, the Judge may decide that the election or nomination of the returned candidate is not void.
23. Procedure to be followed in disposal of election petition. - An election petition shall be
enquired into and disposed of according to such summary procedure as may be prescribed by
rules made under this Act.
24. Decision on election petition.--
(1) At the conclusion of the trial of an election petition the Judge shall make an order ---
(a) dismissing the election petition; or
(b) declaring the election or [nomination] of all or any of the returned candidate to be void; or
(c) declaring the election or [nomination] of all or any of the returned candidates to be void and
the petitioner and any other candidate have been duly elected or [nominated].
(2) If any person who has filed an election petition has, in addition to calling in question the
election or [nomination] of the returned candidate, claimed declaration that he himself or any
other candidate has been duly elected or [nominated] and the Judge is of opinion--
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12
(a) that in fact the petitioner or such candidate received a majority of the void votes; or
(b) that but for the voted obtained by the returned candidate the petitioner or such other
candidate would have obtained a majority if the valid votes;
the Judge shall, after declaring the election or [nomination] of the returned candidate, to be void,
declare the petitioner or such other candidate as the case may be, to have been duly elected or
[nominated].
(3) At the time of making an order under this section, the Judge shall also make an order --
(a) where any charge is made in t he petitioner of any corrupt practice having been committed at
the election or [nomination], regarding --
(i) a finding whether any corrupt practice ha s or has not been proved to have been committed at
the election or [nomination] and the nature of that corrupt practice; and
(ii) the names of all person, if any, who have been proved at the trial to have been guilty if any
corrupt practice and the nature of that practice; and
(b) fixing the total amount of costs payable, and specifying the persons by an d to whom costs
shall be paid:
Provided that person who is not a party to the petition shall not be named in the order under sub -
clause (ii) of (a) unless--
(a) he has been given notice to appear before the Judge and show -cause why he should not
be so named; and
(b) if he appears in pursuance of the notice, he has been given an opportunity of cross -
examining any witness who has already been examined by the Judge and has given
evidence against him of calling evidence in his defence and of being heards.
25. Procedure in case if equality of votes.--
If during the trial of an election petition it appears that there is an equality of votes between any
candidates at the election or [nomination] and that an addition of a vote would entitle any of
those candidates to be declared elected or [nominated], then the Judge shall decide between them
by lot and proceed as if the one on whom the lot fell had received an additional vote.
26. Finality of decision.---
(1) No appeal shall lie against the decision of the Judge on the petition.
(2) Any person aggrieved by the decision of the Judge on the petition may, within thirty days
from the date of such decision, apply to the High Court for revision on any of the following
grounds:-
(a) that the decision is contrary of law;
(b) that the Judge has exercised jurisdiction not vested in him by law or has failed to exercise a
jurisdiction vested in him by law, but subject to such orders as the High Court may pass thereon,
such decision shall be final.
COMMENT
Scope.--Under Section 26 of the Act, revision against the impugned order is limited to the extent
to see the legality of the decision being not contrary to law. The jurisdiction to entertain the
petition under Section 20 of the Act was vested with the Court below and on facts and
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13
circumstances the finding recorded vide impugned order is not contrary to law. [Indrajeet Singh
v.Jagdish Prasad, 2003 (3) MPHT 460 at 463 (MP) (Jabalpur Bench).]
27. Disqualification arising out of corrupt practices.--
If any person after the commenc ement of this Act, is, upon the trial of an election petition
thereunder, found guilty of any corrupt practices, he shall, for a period of five years from the date
on which such finding takes effect, be disqualified for voting at any election:
Provided that the State Government may, by notification, remove the disqualification incurred
under this section with effect from such date as may be specified therein.
28. Corrupt practices.--
The following shall be deemed to be corrupt practices for the purpose of this Act:-
(i) Bribery as defined in clause (1) of Section 123 of the Representation of the People Act,
1951 (43 of 1951);
(ii) Undue influence as defined in clause (2) of Section 123 of the Representation of the
People Act, 1951 (43 of 1951);
(iii)The systematic appeal by a candidate or his agent or by any other person with the consent
of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race,
community or religion or the use of or appeal to, religious symbols, or the use of or appeal to,
national symbol, such as the national flag or the n ational emblem, for the furthera nce of the
prospects of that candidate's election.
(iv) The publication by a candidate or his agent or by any other person with the consent of the
candidate or his elect ion agent of any statement of fact which is false, and which he either
believers to be false or does not believe to be true in relation to the personal character or
conduct of any candidate, or in relation to the candidature, or withdrawal from contest of any
candidate being a statement reasonably calculated to prejudice the prospects of that
candidate's election.
(v) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a
candidate or his agent or by any other person with the consent of the candidate or his election
agent for the conveyance of any elector (other than the candidate himself, and the members
of his family or his agent) to or from any polling station provided in accordance with the
rules made under this Act:
Provided that hiring of a vehicle or vessel by an elector or by several electors at their joint costs
for the purpose of conveying him or them to or from any such polling station shall not be deemed
to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not
propelled by mechanical power:
Provided further that the use of any public transport vehicle or vessel or any tramcar or railway
carriage by an elector at his own cost for the purpose of going to or coming from any suc h
polling station shall not be deemed to be a corrupt practice under this Clause.
Explanation -- In this clause the expression 'vehicle' means any vehicle used or capable of being
used for the purpose of road transport whether propelled by mechanical power or otherwise and
whether used for drawing other vehicle or otherwise.
(vi) The holding of any meeting in which intoxicating liquors are served.
(vii) The issuing of any circular, placard or poster having a reference to the election or
selection which does not bear the name and address of the printer and publisher thereof.
(vii-a) the incurring of authorising of expenditure in contravention of Section 32-A.
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14
(viii) Any other practice which the State Government may prescribe by rules to be a corrupt
practice.
29. Determination of number and extent of wards and conduct of elections
(1) The State Government shall from time to time, by notification in the official gazette,
determine the number and extent of wards to be constituted for each Municipality:
Provided that the total number of wards shall not be more than forty and not less than fifteen.
(2) Only one Councillor shall be elected from each ward.
(3) The formation of the wards shall be made in such a way that the population of each of the
wards shall, so far as practicable be the same throughout the Municipal Area and the area
included in the ward is compact.
(4) As soon as the formation of wards of a municipality is completed the same shall be reported
by the StateExcerpt shown. Open the full act in Lexace.