(1) Save as otherwise provided in this Act every person whose name is en tered in the electoral roll for the time being in force, of any constituency shall be en titled to vote in that constituency.
(2) No person shall vote at an election in any constituency, if he Central Act is subject to any of the disqualifications referred to in Section 10 of the 43 of 1951.
Representation of People Ordinance, 1951.
(3) No person shall vote in more than one constituency.
( 4) No Person shall vote in the same constituency more than once.
(5) No person shall vote at any election if he is confined in a prison, whether under a sentence or imprisonment or otherwise or in the lawful custody of police :
Provided that nothing in this sub-section shall apply to a person subjected to preventive detention under any law for the time being in force.
52. Election of members shall be held in accordance with the rules made under Election of section 60 and the first election for the purpose of constituting the General Council Members. ·· and the Village Council shall be held on such date or dates as the Government may Qualification for member- . ship of Vil~ lage Council or General direct in consultation with the Interim Mising Executive Council referred to in Section .80.
53 . . A person shall be qualified to be elected as member or either to the Village Council or the General Council if he is an elector as defined in clause (f) of sec tion 2 .
· Council. 54. (1) A person shall not be qualified for being elected either to the Village Disqualificati Council or the General Council, if - on for membership of Village Council for General Council.
(a) he is not a citizen of India ;
(b) he is less than 18 years of age on such date . as may be fixed by the Government, or
(c) he has been elected to any Municipality, Panchayat within the State of As sam; or
(d) he is in service of the Central or State Government, Municipality .. or other authority ;
·~ · o · ' .
THE ASSAM GAZETTE. EXTRAORDINARY; OCTOBER 30. 1995 1631 ( e) he has either directly or indirectly by himself, or by the person or employer or employee, any share or interest in any contract with, by or on behalf of the Village Council, General Council or a Municipality or Panchayat within the Council Area :
Provided that no person shall be deemed to be so disqualified by reason only of his having a share or interest in a public company, as defined in the Companies Act, , 1956, which contracts with or is employed by a Municipal Authority or Panchayat within the Council Area ; or ·
(f) 'he has been dismissed from the service of the Central or Central Act of 1956.
State Government or a local authority or a co-operative society or a Central Act . Government Company as defined in the Companies Act, 1956 of 1956.
or a Corporation owned or controlled by the Central or the State Government for misconduct involving moral turpitude and five years have not elapsed from the date of such dismissal ; or
(g) he has been adjudged by a competant court to be of unsound mind ; or ·
(h) he has been convicted by a court of an offence involving moral turpitude punishable with imprisonment for a period of more · than six months or an · offence under Chapter IX A of the Indian Penal Code or Chapter III, Part III or Part VII or the Represntation of peoples Act, 1951. and five years have not elapsed from the date of expiration of the sentence :
Central Act .
No. 43 of 19SL
Provided that a person shall not be disqualified under this section, by reason only of his being a member, President or Vice-President of the Village Council or a member, Chief Executive Councillor or Executive Councillor of the General Council.
Filling up of 55. Where the office of any member becomes vacant by reason of his death, vacancies. resignation, removal or otherwise, the vacancy shall be filled by election in accordanee with the provisions of this Act and the rules made thereunder.
·· · Validation.
Publication of results of elections.
· Vacation of post.
Disputes regarding electlo.n.
56. Where the members elected at an election are restrained from functioning · on account of the election as a whole being set aside by order of a court, anything done or any action taken by such members before they are so restrained or before the election is so set aside as the case may be, shall be deemed to have been validly . d.one or taken.
57. The name of all persons elected to Village Council and the General Council shall be published by the Government in the Official Gazette and upon such publica- .
tion, the Village Council and the General Council shallbe deemed to have been duly constituted;
58. If an elected member is choosen to be member of Parliament or the State Legislature, and of the General Council in case of a member of the Village Council, then at the expiration of fourteen days from the date of publication in the Gazette of · I.ndia or the Official Gazette, as the case may be, of the declaration that he has been so choosen, the seat of such member in the General Council or the Village Council, as the case may be, shall become vacant unless he has previously resigned his seat in the Parliament, or the State Legislature or the General Council as the case may be.