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Manual 17

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Section 4(1) (b) (xvii)] 

Other Information as may be Prescribed

17.1 Frequently Asked Question by Public and their Answers. 

Q1. What are the functions of State Election Commission?
Ans. The State Election Commission is responsible for the preparation of Electoral Rolls and the conduct of elections to the Municipal Corporation in Delhi and Municipal Corporation of Chandigarh.

Q2. Does the State Election Commission prepare the electoral rolls for the elections?

Ans. Electoral Rolls for each ward before each General/Bye Election is to be prepared by the SEC. However Section 7-E of DMC Act, 1957 provides that if Election Commissioner is satisfied that instead of preparing the Electoral Roll of a ward before General Election, it would be sufficient to adopt the Electoral Roll of the Assembly constituencies prepared by the Chief Electoral Officer, Delhi, as are in force for the time being for the election to a ward/wards of MCD.

Q3. Does the State Election Commission make Voter I Card?
Ans. No, Voters I-Cards are prepared by the Chief Electoral Officer, Delhi.

Q4. What is the term of Municipal Corporation and when the next election is due?

Ans. The term of MCD is 05 years from the date of its first meeting and next election should be held before expiry of present term. Next election may be held in December, 2027.

Q5. What is the minimum age of a person for contesting elections to MCD?
Ans. 21 years.

Q6. Who can contest election to the MCD?
Ans.     A person who has attained the age of 21 years and his name is registered as an elector in the Electoral Roll of a ward and is qualified and also not disqualified for membership of MCD as a Councillor under Sect.9 of DMC Act 1957 as amended till date and Rule 110 of DMC (Election of Councillors) Rules 2012 as updated.

Q7. From where the certified copy of extract of Electoral Roll can be obtained ?

Ans. (i). This can be obtained from the office of the concerned Returning Officer, who is also Electoral Registration Officer of the assigned ward, at the time of an election to a Ward.

(ii). Electoral Rolls for Assembly Constituencies in Delhi are prepared and maintained by the Chief Electoral Officer, Delhi.  State Election Commission, Delhi only adopt the same for election to MCD Wards.

Q8. What are the essential requirements for a candidate to contest DMC election?

Ans.

  • A candidate of a recognized National/State Political Party of Delhi shall be proposed by one proposer who should be voter in the current electoral roll in same ward from where he is proposing. In case of independent and other candidates including candidates proposed by political parties of States/UTs other than Delhi, every candidate has to be proposed by 10 proposers who should be voters in the current electoral roll of the same ward from which they are proposing.

  • In case a candidate is contesting from a ward other than his home ward he is required to file a certified copy of electoral roll in which his name is registered as voter.

  • Every candidate has to file two affidavits at the time of filing of nomination in Form-21 & 22 stating therein back ground of his involvement in criminal case/cases, if any, his assets and liabilities and his educational qualifications. Non filing of such affidavit with the nomination paper or giving false information will be treated as an act and omission of substantial' character and nomination of such candidate Will be liable to be rejected.

  • A candidate contesting as a candidate of General category shall deposit a security with the Returning Officer concerned at the time of filing nomination an amount of Rs.5000/- in cash and in case of schedule caste candidate this amount will be Rs.2500-. The SC candidate has to sign a declaration about his caste in the nomination paper and also enclose a copy of the SC certificate issued by the competent authority. The security amount of Rs.2500/- shall also be applicable to such SC candidates even if they contest election to a ward of General category. 

  • The security amount will be refunded to candidates who are elected and those who have secured 1/6th of the total votes polled.

  • Other requirements in this context are given in the DMC Rules 2012.

Q9. What is the procedure for sponsoring candidates by National/ State Political Parties?

Ans. The procedure in this regard is the same as prescribed by the Election Commission of India i.e. the President or the Secretary of the party at the central level will sponsor the name of an office bearer at the State level in form A, a copy of which has to be sent to the Election Commission and the Returning Officer concerned upto last date for filing nomination. The State level office hearer of a State Political Party, so authorized will sponsor the candidate of his party for MCD election in form-B to be delivered to the Returning Officer concerned by the last date for filing nomination form with copy to Election Commission. The detailed procedure for sponsorship is also given in the symbol order issued by this Commission at each occasion.

Q10. Whether any dispute during the period of election can be challenged in any court of law in Delhi in respect of MCD election?
Ans. Any dispute arising out of an election can only be challenged by way of filing an election petition within 15 day s from the date of declaration of result of an election, in the court of the District Judge Delhi and not during election period (nomination to declaration of result). [Section 15 of Delhi Municipal Corporation Act, 1957 may be seen]

 

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