The West Bengal Municipal Elections Act, 1994

GOVERNMENT OF WEST BENGAL 
LAW DEPARTMENT 
Legislative 
West Bengal Act XXXIV of 1994 
THE WEST BENGAL MUNICIPAL ELECTIONS 
ACT, 1994. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 20th July, 1994.] 
[20th Julj,, 1994.] 
An Act to consolidate and amend the laws relating to the holding of 
elections to the Municipalities in West Bengal. 
WHEREAS it is expedient to consolidate and amend the laws relating 
to the holding of elections to the Municipalities in West Bengal; 
It is hereby enacted in the Forty-fifth Year of the Republic of India, 
by the Legislature of West Bengal, as follows:— 
CHAPTER I 
Preliminary 
1. (1) This Act may be called the West Bengal Municipal Short title, 
Eelections Act, 1994. 	 extent and 
commence- 
(2) It extends to the whole of West Bengal. 	 ment 
(3) It shall come into force on such date as the State Government 
may, by notification, appoint. 
West Ben. 
Act VIII of 
1994. 
43 of 1950. 
2. In this Act, unless the context otherwise requires,— 
(a) "article" means an article of the Constitution; 
(b) "Commission" means the West Bengal State Election 
Commission referred to in sub-section (1) of section 3 of 
the West Bengal State Election Commission Act, 1994; 
(c) "constituency" means a ward of a Municipality; 
(d) "Constitution" means the Constitution of India; 
(e) "election" means the election to fill a seat or seats in a 
Municipality; 
(f) "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 disqualifications mentioned in 
section 16 of the Representation of the People Act, 1950; 
Definitions. 
313 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
(Chapter I.—Preliminary.—Section 3.) 
(g) "member" means a person elected at an election to fill a 
seat in a Municipality; 
(h) "Municipal area" means the territorial area of a 
Municipality; 
(i) "Municipality" has the same meaning as in clause (e) of 
article 243P of the Constitution; 
(j) "notification" means a notification published in the Official 
Gazette; 
(k) "order" means an order published in the Official Gazette; 
(1) "ordinarily resident" has the same meaning as assigned to 
it in section 20 of the Representation of the People Act, 
1950; 
(m) "Panchayat" has the same meaning as in clause (a) of article 
243 of the Constitution; 
(n) "person" does not include a body of persons; 
(o) "prescribed" means prescribed by rules made under this Act; 
(p) "public holiday" means any day which is a public holiday 
for the purposes of section 25 of the Negotiable Instruments 
Act, 1881; 
(q) "qualifying date" means the date specified as such by the 
Commission by notification for the purposes of this Act; 
(r) "sign", in relation to a person who is unable to write his 
name, means to authenticate in such manner as may be 
prescribed; 
(s) "ward" means an administrative division of a Municipality; 
(t) other expressions have the meanings respectively assigned 
to them in the West Bengal State Election Commission Act, 
1994. 
26 of 1881. 
Power to 
delimit 
municipal 
areas into 
wards. 
3. For the purpose of election of members of a Municipality, the 
Commission shall, having regard to population dwelling. pattern, 
geographical conditions and economic considerations of the area in each 
ward, divide any municipal area into such number of wards as may be 
determined by the State Government in this behalf: 
Provided that the number of wards in the municipal area of 
the Calcutta Municipal Corporation and the Howrah Municipal 
Corporation shall be such as is provided in the Calcutta MuniCipal 
Corporation Act, 1980 and the Howrah Municipal Corporation Act, 1980, 
respectively. 
West Ben. 
Act LIX of 
1980. 
West Ben. 
Act LVIII of 
1980. 
314 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
West Ben. 
Act VIII of 
1994. 
(Chapter 1I.—Officers.—Sections 4-9.) 
CHAPTER II 
Officers 
4. The officers for the purpose of election shall be appointed in 
accordance with the provisions of section 6 of the West Bengal State 
Election Commission Act, 1994, and they shall exercise powers and 
perform functions in accordance with the provisions of this Act and the 
West Bengal State Election Commission Act, 1994. 
5. (1) Subject to the superintendence, direction and control of the 
Commission, the District 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 District Municipal Election Officer shall perform such other 
functions as may be entrusted to him by the Commission. 
6. (1) The electoral roll for each Municipality shall be prepared 
and revised by a Municipal Electoral Registration Officer. 
(2) 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. 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. 
8. Subject to the superintendence, direction and control of the 
Commission, the District Municipal Election Officer shall supervise the 
conduct of all elections within his jurisdiction. The District Municipal 
Election Officer shall perform such other functions as may be entrusted 
to him by the Commission. 
9. Subject to the provisions of sub-section (1) of section 6 of the 
West Bengal State Election Commission Act, 1994, 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 Municipal 
Returning Officer for more than one constituency. 
Officers. 
Co-
ordination 
and 
supervision. 
Preparation 
and revision 
of electoral 
roll. 
Functions of 
Assistant 
Municipal 
Electoral 
Registration 
Officer. 
General 
duties of 
District 
Municipal 
Election 
Officer. 
Municipal 
Returning 
Officer. 
315 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
Assistant 
Municipal 
Returning 
Officer. 
General duty 
of the 
Municipal 
Returning 
Officer. 
Provision of 
polling 
stations for 
constituencies. 
(Chapter IL—Officers.—Sections 10-13.) 
10. Subject to the provisions of sub-section (2) of section 6 of the 
West Bengal State Election Commission Act, 1994, 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. 
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. 
12. The Municipal Returning Officer shall, subject to such directions 
as may be issued by the Commission in this 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. 
West Ben. 
Act VIII of 
1994. 
Appointment 	 13. (1) Subject to the provisions of sub-section (4) of section 6 of 
of Presiding 	 the West Bengal State Election Commission Act, 1994, there shall be a Officers and 
Polling 	 Presiding Officer and such number of Polling Officer or Officers for 
Officers for 	 each polling station as the Municipal Returning Officer thinks necessary: polling 
stations. 	 Provided that nothing in this sub-section shall prevent the Municipal 
Returning Officer from appointing the same person to be the Presiding 
Officer for more than one polling station in the same premises: 
Provided further that if a Polling Officer is absent from the polling 
station, the Presiding Officer may appoint any person who 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 
authorised 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 authorised to perform under 
sub-section (2) or sub-section (3), as the case may be. 
316 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
(Chapter IL—Officers.—Sections 14, 15.—Chapter 111.—Electoral 
rolls for Municipalities.—Sections 16-20.) 
14. It shall be the general duty of the Presiding Officer at a polling General duty 
station to keep order thereat and to see that the Polling fairly taken. 	 of the 
Presiding 
Officer. 
15. It shall be the duty of the Polling Officer at a polling station to Duties of a 
assist the Presiding Officer for such polling station in the performance Polling 
of his functions. 	 Officer.  
CHAPTER III 
West Ben. 
Act VIII 
of 1994. 
Electoral rolls for Municipalities 
16. Subject to the provisions of section 5 of the West Bengal State 
Election Commission Act, 1994, the electoral roll for every Municipality 
shall consist of the electoral rolls for all the constituencies comprised 
within the Municipality. 
17. (1) Every person 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. 
Electoral rolls 
for 
Municipalities. 
Condition for 
registration 
as a voter. 
18. The disqualifications for registration in an electoral roll for a Disquali- 
Municipality shall be the same as provided in section 16 of the fications 
for 43 of 1950. 	 Representation of the People Act, 1950. 	 registration. 
19. If, in any case, a question arises as to whether a person is Dispute as to 
ordinarily resident at any relevant time, the question shall be determined person is 
with reference to all the facts of the case and such rules as may be made ordinarily 
in this behalf by the State Government in consultation with the resident.  
Commission. 
20. (1) The electoral roll for each Municipality shall be prepared in Preparation 
the prescribed manner by reference to the qualifying date and shall come and revision 
of electoral 
into force immediately upon its final publication in accordance with the rolls. 
rules made under this Act. 
317 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
(Chapter 111.—Electoral rolls for Municipalities.—Section 21.) 
(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— 
(i) before each general election to the Municipality, and 
(ii) before each bye-election to fill a casual vacancy in a 
seat allotted to the constituency, and 
(b) 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. 
(3) 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. 
21. 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, or 
(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 registered in that electoral roll, the Municipal Electoral 
318 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
(Chapter 111—Electoral rolls for Municipalities.—Sections 22-24.) 
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. 
22. (1) Any person whose name is not included in the electoral roll Inclusion of 
names in of a Municipality may apply to the Municipal Electoral Registration electoral 
Officer for the inclusion of his name in the electoral roll. 	 rolls. 
(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 Panchayat to that effect and the Municipal Electoral Registration 
Officer 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 deletion of any entry shall be 
made under section 21 and no direction for the inclusion of a name in 
the electoral roll of a Municipality shall be given under this section after 
the last date for making nominations for an election in that Municipality 
and before the completion of such election. 
23. An appeal shall lie within such time and in such manner as Appeal. 
may be prescribed to the DistriCt Municipal Election Officer from any 
order of the Municipal Electoral Registration Officer under section 21 
or section 22. 
24. Every application under section 21 or section 22 and every appeal 
under section 23 shall be accompanied by the prescribed fee which shall, 
in no case, be refunded. 
Fee for 
applications 
and appeals. 
319 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
(Chapter 1V—General.—Sections 25-27.) 
CHAPTER IV 
General 
Power to 	 25. (1) The State Government may, affter consultation with the make rules. 	 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 power, 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 
objections 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 of; 
(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 modification or annulment shall be without prejudice to the 
validity of anything previously done under that rule. 
Staff of local 
authorities. 
Making false 
declarations. 
26. 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. 
27. 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, 
320 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
(Chapter 1V—General.—Section 28.—Chapter V.— 
Elections.—Section 29.) 
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, or with both. 
28. ( I ) If any Municipal Electoral Registration Officer, Assistant 
Municipal Electoral 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 electoral 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 five 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 ommission as 
aforesaid. 
(3) No court shall take cognizance of any offence punishable under 
sub-section (1) unless there is a complaint made by an order of, or under 
the authority from, the Commission. 
CHAPTER V 
Elections 
29. (1) Seats shall be reserved by notification by the Commission 
for the Scheduled Castes and the Scheduled Tribes in every Municipality, 
and the number of seats so reserved shall bear, as nearly as may be, the 
same proportion to the total number of seats to be filled by direct election 
to that Municipality as the population of the Scheduled Castes in the 
municipal area or of the Scheduled Tribes in the municipal area, as the 
case may be, bears to the total population of that municipal area, and 
such seats may be allotted by rotation to different constituencies of that 
municipality by the Commission. 
(2) Not less than one-third of the total number of seats reserved 
under sub-section (1) shall be reserved for women belonging to the 
Scheduled Castes or, as the case may be, the Scheduled Tribes. 
(3) Not less than one-third of the total number of seats, including 
the seats reserved for women belonging to the Scheduled Castes and 
the Scheduled Tribes undersub-section (2), to be filled by direct election 
to a Municipality, shall be reserved for women, and such seats may 
be allotted by rotation to different constituencies of that Municipality 
by the Commission. 
Breach of 
official duty 
in connection 
with the 
preparation 
etc. of 
electoral 
rolls. 
Reservation 
of seats. 
321 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
General dis-
qualifications 
for 
membership 
of a 
Municipality. 
(Chapter V.—Elections.—Section 30.) 
(4) The office of Chairperson of a Municipality shall be reserved for 
a woman candidate for the first term if at least 50 per cent of the total 
number of elected members are women. The office of Chairperson of a 
Municipality shall be reserved for a Scheduled Caste candidate for the 
next term if at least 50 per cent of the elected members belong to the 
Scheduled Caste and the Scheduled Tribe communities. The office of 
Chairperson of a Municipality shall be reserved for a Scheduled Tribe 
candidate for the next term where at least 50 per cent of the elected 
members belong to the Scheduled Caste and the Scheduled Tribe 
communities. 
30. (1) 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; 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 
(0 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 
(h) has been elected to, or appointed under, any other 
Municipality or Panchayat or the Darjeeling Gorkha Hill 
Council constituted under the Darjeeling Gorkha Hill 
Council Act, 1988: 
Provided that notwithstanding anything contained in 
clause (0, no person shall be deemed to be disqualified 
thereunder by reason only of his having a share or interest 
in— 
West Ben. 
Act XIII of 
1988. 
(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. 
322 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
(Chapter V—Elections.—Sections 31-33.) 
(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 elections to the State 
Legislature: 
Provided that no person shall be disqualified on the ground that he is 
less than twenty-five years of age, if he has attained the age of twenty-
one years. 
(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) and sub-section (2), the question shall be referred for decision 
to such authority and in such manner as the State Government may notify 
from time to time. 
31. (1) Where a person elected to be a member was not eligible for Election of 
such election on account of any disqualification referred to in section 30 persons 
inelle  
and 
or where a person incurs such disqualification subsequent to his election disqualifi- 
as a member, the election of such person shall be void upon the State  cations 
subsequently 
Government making a declaration to that effect: 	 incurred. 
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. 
32. (1) Any person who stands disqualified under the section 76 Disqualifi- 
cation on 
may, if the period of such disqualification has not expired, submit a ground of 
petition to the Governor for the removal of such disqualification for the corrupt 
unexpired portion of the said period. 	 practices. 
(2) Before giving his decision on any question, or on any petition 
submitted under sub-section (2), the Governor may obtain the opinion of 
the Commission on such question or petition. 
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. 
Disqualifi-
cation for 
dismissal for 
corruption or 
disloyalty. 
323 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
Disqualifica-
lion for 
failure to 
lodge 
account of 
election 
expenses. 
Disqualifica-
tion arising 
out of 
conviction 
and corrupt 
practices. 
(Chapter V—Elections.—Sections 34-36.) 
(2) For the purposes of sub-section (1), a certificate issued by the 
Commission 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 proof 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. 
34. IC the Commission is satisfied that a person— 
(a) has failed to lodge an account of election expenses within 
the time and in the manner required by or under this Act, 
and 
(b) has no good reason or justification for the failure, the 
Commission shall, by order published in the Official Gazette, 
declared him to be disqualified, and any such person shall 
be disqualified for a period of three years from the date of 
the order. 
35. (1) If any person, after the commencement of this Act, is 
convicted of an offence punishable under section 171E, or section 171F, 
of the Indian Penal Code, or under section 125, or section 135, or 45 of 1860. 
clause (a) of sub-section (2) of section 136, of the Representation of the 43 of 1951. 
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 voting at any election, and his name shall be 
struck off from the electoral roll. 
(2) Any person disqualified by a decision of the District Judge under 
section 76 for any period shall be disqualified for the same period for 
voting at any election, and his name shall be struck off from the electoral 
roll. 
Notification 	 36. (1) The first general election to a Municipality, newly constituted, for general 	 shall be held not later than six months from the date of notification election to a 
Municipality. 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. 
324 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
(Chapter VI.—Conduct of Elections.—Section 37.) 
West Ben. 
Act VIII of 
1994. 
(3) For the purpose as aforesaid, the State Government shall, subject 
to the provisions of section 8 of the West Bengal State Election 
Commission Act, 1994, 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: 
Provided that where a general election is held otherwise than on the 
dissolution of the existing Municipality, no such notification shall be 
issued at any time earlier than six months prior to the date on which the 
duration of such Municipality would expire; 
Provided further that when a Municipality has been dissolved, 
elections to constitute the Municipality shall be completed before the 
expiry of six months from the date of its dissolution: 
Provided also that where the period for which such dissolved 
Municipality would have continued is less than six months, it shall not 
be necessary to hold any elections to constitute such Municipality for 
such period. 
CHAPTER VI 
Conduct of Elections 
37. As soon as the notification calling upon a Municipality to elect a Appointment 
of member or members is issued, the Commission shall, by notification, 	
dates for 
nominations 
appoint— 	 etc. 
(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 
day immediately following the last date for making 
nominations or, if that day is a public holiday, the next 
succeeding day which is not a public holiday: 
Provided that one or more successive dates may be 
appointed for the scrutiny of nominations; 
(c) the last date for the withdrawal of candidatures, which shall 
be the second day after the last date for the scrutiny of 
nominations or, if that day is a public holiday, the next 
succeeding day which is not a public holiday; 
325 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
(Chapter W.—Conduct of Elections.—Sections 38-40.) 
(d) the date or dates on which a poll shall, if necessary, be taken, 
which or the first of which shall be a date not earlier than 
the twenty-fifth day after last date for the withdrawal of 
candidatures; and 
(e) the date before which the election shall be completed. 
Public notice 
of election. 
Nomination 
of candidates 
for election. 
Presentation 
of nomina-
tion paper 
and 
requirements 
for valid 
nomination. 
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. 
39. Any person may be nominated as a candidate for election to fill 
a seat in a Municipality if he is qualified to be chosen to fill that seat 
under the provisions of this Act. 
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 38 a nomination 
paper completed in the prescribed form and signed by the candidate and 
by an elector of the constituency as proposer: 
Provided 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, a candidate shall 
not be deemed to be qualified to be chosen to fill that seat unless his 
nomination paper contains a declaration by him specifying particular 
caste or tribe of which he is a member and the area in relation to 
which that caste or tribe is a Scheduled Caste or, as the case may be, a 
Scheduled Tribe of the State of West Bengal. 
(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 
326 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] •• 
(Chapter Ill.—Conduct of Elections.—Section 41.) 
numbers of the candidate and his proposer as entered in the nomination 
paper 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 full 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 or place is such as to be commonly understood, and the Municipal 
Returning Officer shall permit any such misonmer or inaccurate 
description or 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 a 
Municipality, a copy of the electoral roll of that 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. 
41. (1) A candidate shall not be deemed to be duly nominated for Deposits. 
election from a constituency unless he deposits or causes to be deposited 
a sum of one hundred rupees or, where the candidate is a member of the 
Scheduled Caste or the Scheduled Tribe, a sum of 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 sub-section. 
(2) Any sum required to be deposited under sub-section (1) shall not 
be deemed to have been deposited under that sub-section unless, at the 
time of delivery of the nomination paper under sub-section (1), 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 Reserve Bank of India or in a Government Treasury. 
327 
The West Bengal Municipal Elections Act, 194. 
''[West Ben. Act 
(Chapter W.—Conduct of Elections.—Sections 42, 43.) 
Notice of 
nominations 
and the time 
and place for 
their 
scrutiny. 
Scrutiny of 
nomination. 
42. The Municipal Returning Officer shall; on receiving the 
nomination paper under sub-section (I) 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 stating 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 
descriptions similar to those contained in the nomination paper, both of 
the candidate and of the proposer. 
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 authorised in writing by each 
candidate, but no other person, may attend at such time and place as the 
Municipal 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; or 
(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 authorise the rejection of the nomination of any 
candidate on the ground of any irregularity in respect of a nomina-
tion 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 nomina-
tion paper on the ground of any defect which is not of a substantial 
character. 
328 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] - 
(Chapter VI.—Conduct of Elections.—Section 44.) 
(5) The Municipal Returning Officer shall hold the scrutiny on the 
date appointed 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 objection 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 Officer shall endorse on each nomina-
tion paper his decision accepting or rejecting the same and, if the 
nomination paper is rejected, shall record in writing a brief statement of 
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 scrutinised 
and decisions accepting or rejecting the same have been recorded, the 
Municipal Returning Officer shall prepare a list of validly nominated 
candidates, that is to say, candidates whose nominations have been found 
valid, and affix it to the notice board. 
44. (1) 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 clause (c) of section 37 to the Municipal 
Returning Officer either by such candicate in person or by his proposer 
or election agent who has been authorised 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. 
Withdrawal 
of 
candidature. 
329 
The West Bengal Municipal Elections Act, 1994. 
[West Ben. Act 
(Chapter W.—Conduct of Elections.—Sections 45-49.) 
Allotment of 
symbol. 
Publication 
of list of 
contesting 
candidates. 
45. Immediately after the expiry of the period within which 
candidates may withdraw their candidature under section 44, the 
Municipal Returning Officer shall forthwith consider the allotment of 
symbols in the prescribed manner to the candidates who have not 
withdrawn their candidature. 
46. (1) Immediately after the allotment of symbols under section 
45, the Municipal Returning Officer shall prepare and publish in such 
form and manner as may be prescribed a list of contesting candidates, 
that is to say, candidates who were included in the list of validly nominated 
candidates and who have not withdrawn their candidature within the 
said period. 
(2) The list as aforesaid shall contain the names in alphabetical order 
and the addresses of the contesting candidates as given in the nomination 
papers together with such other particulars as may be prescribed. 
Election 	 47. A candidate at an election may appoint in the prescribed manner 
agents. any one person, other than himself, to be his election agent, and when 
any such appointment is made, notice of the appointment shall be given -
in the prescribed manner to the Municipal Returning Officer. 
Disqualifi-
cation for 
being an 
election 
agent. 
Revocation 
of appoint-
ment, or 
death, of 
election 
agents. 
48. Any person who is for the time being disqualified under this Act 
for being a member of a Municipality or for voting at elections, shall, so 
long as the disqualification subsists, also be disqualified for being an 
election agent at any election. 
49. (1) Any revocation of the appointment of an election agent shall 
be signed by the candidate, and shall operate from the date on which it is 
lodged with the Municipal Returning Officer. 
(2) In the event of the revocation of the appointment of an election 
agent or death of an election agent, whether such event occurs before or 
during the election or after the election but before the account of the 
candidate's election expenses has been lodged in accordance with the 
provisions of section 73, the candidate may appoint in the prescribed 
manner another person to be his election agent and when such apointment 
is made, notice of the appointment shall be given in the prescribed manner 
to the Municipal Returning Officer. 
330 
The West Bengal Municipal Elections Act, 1994. 
XXXIV of 1994.] 
(Chapter VI.—Conduct of Elections.—Sections 50-54.) 
50. An election agent may perform such functions in connection 
with the election as are authorised by or under this Act to be performed 
by an election agent. 
51. A contesting candidate or his election agent m

Excerpt shown. Open the full act in Lexace.

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