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Section 89

The Arunachal Pradesh Municipal Election Act, 2009 (Act No. 4 of 2009)State Act of Arunachal Pradesh · Act 4 of 2009

(1) The State Government, may after consulting the Commission make rules for carrying out the purposes of this Act.

(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:-

(a) the duties of Presiding Officer and Polling Officers at polling stations ;

(b) the checking of voters by reference to the electoral roll;

(c) the manner in which votes are to be given both generally and in the case of illiterate voter or voters under physical or other disability ;

(d) the manner in which votes are to be given by a Presiding Officer, Polling Officer, polling agent or any other person, who being an elector for a constituency is authorized or appointed for duty at a polling station at which he is not entitled to vote.

(e) the procedure to be followed in respect of the tender of vote by a person representing himself to be an elector after another person has voted as such elector ;

(f) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used ;

(g) the procedure of counting of votes recorded by a voting machine ;

(h) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election ;

(i) the safe custody of ballot boxes, voting machines, ballot papers and other election papers, the period for which such papers shall by preserved and the inspection and production of such papers ;

(j) any other matter required to be prescribed.

(3) Every rule made 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.

Jurisdiction of civil court barred

90. No Civil Court shall have jurisdiction to question the legality of any action taken or of any decision given by the Municipal Returning Officer or by any other person appointed under this Act in connection with an election.

Removal of difficulty.

91. If any difficulty arises in giving effect to the provisions of this Act, the State Government in consultation with the Commission, may, as occasion may require, by order, not inconsistent with the provisions of this Act, do or cause to be done anything which may be necessary for removing the difficulty.

Where this provision sits

ActThe Arunachal Pradesh Municipal Election Act, 2009 (Act No. 4 of 2009)
Section89
JurisdictionState of Arunachal Pradesh
StatusIn force as published by the source

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