(1) Notwithstanding anything contained in section 39, if the District Judge, in the course oE hearing an election petition, is of the opinion that the evidence discloses I hat corrupt practices at the election proceedings in question, have prevailed 1o such an extent, as to render it advisable to set aside 1he whole of election proceedings, he shall pass a condiiional order to this effect and give noiicp thereof in every candidate declared elected who has not already been made a party in the case, calling upon such candidate to show cause why such conditional order should not be madn final.
(2) Thereupon every such candidate mav appear and show cause, anv may have re-called for the purpose of nutting question to him, any witness who has appeared in the case. '
(3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Municipality to take measures fot holding fresh election proceedings.
Avoidance of eleclijn.
42. The Distici Judge may declare any candidate found in have committed anv corrupt practice to be ineligible fnr being R member, or for being appointed or retained in anv office or nlncº in the gift or at the disposal of the Muninirjalit^ or for being registered as a voter, for such period not exceeding five years RS thp District Judge may determine.
l>isqiial.ficiition for corrupt practice.
0. Election Rules
43. The Administrator after consultation with the Election Commission may. by notification, make rules consistent with the Regulation, for the purpose of re gulp tin? all or any of the following matters, namely:-—
(a) the preparation and revision of eleH^ral rolls, and the adjudication of claims to be rppisteted as voters and objections to registration;
(b) the nomination of candidates;
(c) the dates, time, and mnnner of holding elections, general or casual;
(d) the number of representatives proner foreach ward and reservation of seats for women;
Conduct of elections and related nutters.
22 HIE GAZETTE OF INDIA EXTRAORDINARY [PARF l i - fe) any other matter ielating to elections or election petitions in respect of which this Regulation vnakes no provision or insufficient piovia'on; and
(f) any oiher matter necessary for securing the due constitution of Municipalities.
CHAPTER V A. Duiies and Powers a>f Municipal Authorities Dntie'5 nnd powers o£ rouiiKJpa- Jity.
44, Subject to such exceptions jiid conditions as the Administrator may, from time to lime, make and impose, it shall be the duty of every M'nnjripnlHy to make reasonable provision within the municipal area for—
(a) urban planning including town planning;
(b) regulation of land use and construction of buildings;
(c) planning for economic and social development;
(d) roads and bridges;
(e) water supply lor domestic industrial and commercial purposes;
(f) public health, sanitation conseivaacy and solid waste manacemont; t
(g) fire services;
(h) urban forestry, protection of the environment and promolion of ecological aspects;
(i) safeguarding the interests of weaker sections of the society, including the handicapped and mentally rctatded;
(j) slum improvement and upgradation;
(k) urban poverty alleviation;
(I) provision of urban amenities and facilities such as parks, gardens playgrounds;
(m) promotion o'f cultural, educational and aesthetic aspects;
(n) buiials and burial grounds; cremations, cremation grounds and electric crematoriums;
(o) cattle pounds, prevention of cruelty to animals;
(p) vital satisfies including registration of births and deaths;
(q) public amenities including street lighling, parking lots, bus stops and public conveniences;
(r) securing or removing dangerous buildings or places;
(s) constructing, altering and maintaining public streets other thnn major roads, culverts, markets, slaughter-houses, latrines, privies, urinals, drains drain.ige-woik ard sewerage-work subject, to the diiection and general control of the Public Works Department;
SEC. 1J THE GAZETTE OF INDI\ FXTR^ORDJNARY 2 3
(t) mahiLaining and developing the VJ>]UO of properly vested in, or entrusted to, the management of the Municipality;
(u) preparing such returns, statements, and reports as the Administrator may lequire the Municipality to submit; and
(o) fulfilling any obligation imposed upon it by law.
45. (J) The Adminifltrlor may direct chat the Municipality shall make provision for any ufthe ioilowmg matters within the municipal area, subject to any exceptions and conditions that may be laid down hy the Administrator, namely: —
(a) reclaiming unhealthy localities;
(b) taking o'f census and legislation of vital statistics;
(c) making arrangements for the confinement of destruction of stray dogs;
(d) securing, or assisting the1 securing (if, suitable places for the carrying on of any dangerous or offensive trade or manufacture;
(e) ebtnbl^hing and managing po'ids and performing such functions and o'i the State Government and the Magnistrate of the district as may be transferred to the Municipality under section 31 of the CaUle Trespass Act, 1371.
(f) holding fairs f-nd exhibitions, and arranging entertainments, functions and public receptions, wiih the previous approval of the Administrator; and
(y) adopting any measure, other than a measure specified in section-42 OL in tius sub-secUon likely to promote the public sa£ctv, health or convenience.
(2) A Municipality may, with the previous approval of the Administrator, mak.e provisions for the extension beyond the limi otf the Municipal area of the benefits of the Municipal undertaking.
(3) A Municipality may also make provision within or beyond the limits of the Municipal area for the doing of anyihing whereon expenditure is declared by the Administrator or by the Municipality with the sanction of the Administrator or by the Municipality with the sanction of the Administrator, to be an appropriate charge on the Municipal Fund. I Di'-cietioiv functions Munij'paluy.