(1) Whew in cnnnectian with the tendering of any opinion to the Governor, Powers of the Tamil Nadu State Elcction Commission considers it necessary for proper to make Tamil Wadp an irlquiry and the Comr~ission is satisfied that on the baais of the affidavits filed State and the doouments produced in such inquiry by the parties concerned of their own Election accord, it cannot ccims to a decisive opinion on the matter which is being inquired C~mmission.
into, the Commission sh211 have for the purposes of such inquiry, the powsrs of a ral Act- civil court, while trying a s~.it under the Code of Civil Procedure, 1908 in respect of 1908. qf the bllowing matters, namely :-
(a) summorting and enforcing the attendancc of any person and examining him on cath ;
(h) requiring the c;iscovery and production of any doi:ument or other material object produceable as evidence ;
(c) receiving evidence on affidavits ;
(d) requ:sttlontng any public record or a copy thereof from any court or
(e) issuing comlnissions for the examination oi witnesses or documents
(2) The Commission shall also have the pawer to require any person, subject to any privilege which may be claimed by that parson under any law for the time being in force to furnish information on such points or matters as in the opinion of the C;mrnisgic?n may bs useful for. or relevant to, the subject matter of the inquiry.
(3) The Commission shall be deemed tc be a civil court and when any such offence. aq is described in section 175, section 178. section 179, section 180 or sectinn 225 o f the Jndian pella1 Coda is committed in the view or presence of tbt.
~nission may after recording the facts constit: .tin8 the offencg e accuqed as provided for in t'le Code of Criminal Procedure 1973, forward thc cnqe tcr a l~?~gistrate having jilrisdiction to try th": same and the magistrate i c whom any such c.-lse is forwarded shqll proceed to hear t hr: compl~int apainst !hc accused as if +he case had hcen forwarded to him under section 346 cf iile Code of Criininnl Procedure, 1973.
(4) Any proceeding bef~re thc Commissio~l $hall be +earned to b? a ju?;ctdl nl.ocred'ge !%r,vithin the mealtine of section 193 and r:-cfic? 22P .,f t h ~ I nd;nc Pcnni 46 TAMIL NADU GOVERNMENT GAZQITE EXTRAORI)ll$AK.Y " .
i?iration of 7. (1) The total n u m i ~ r of councillots of the municipality exclusive of its total rmmbar Chairperson shall be fixed by the Direct01 in accordance with the norm6 pr mcri bed of oounofllorr and bsued on the population in ralaticrn to such municipality of the lad precxxiing ofmun~oi~ality. census of whioh the rolevarrt figures bava been published.
(2 The total number of aormalllnrr of the munlal rllty ro Md under rub- I by the Contra1 or the State Government.
B wtlaa ( ) uhall not bo alterad till naxt muaceadlag aensue guzer eze prblfrbd aithor . 'olimitatioa 8. (1) For the purpose of the eleation of the counaillors, the oommiseioaer of )f wards. tho muaioipality shall in aonsultation with the Couaail prepare a draft proposal for the dolimitation of the wards of tho municipality end publish the same in suoh maanar as may bo presoribed.
(2) On auoh publioation, any person o r assoaiation of persons residing or - situated within the looal area of theimunicipality aonaerned may prefer his or its objeotions to suoh proposal within thirty days from the date of publication of the draft proposh].
(3) On the ex iry of tho time limit referred to in sub-soction (2), tho Commissioner shal f oonsider all the objections received, prepare a summary and plaoe the same before the Collnoil for consideration.
r (4) rne Counoit shall within a eriod of thirty days from suoh placement oansidrr at a meeting speoially convened: the proposal along with the summary of objections and make its recommendation.
(5) On the expiry of the time limit referred to in sub-section (4), the Commissioner shall forward the proposal to the Direotor, who shall oonsider the same and either confirm the proposal or where any modification is required he shall modify the proposal in accordance with the rules prescribed and direct the Commissloner for publishing the proposal as approved by him.
(6) Any modification or revision to the de~irui~atioa of wards shall be made once in five years before the general election to the municipality.
reparation 9. (1) The electoral roll of the munioi ality shall be the same as the electoral I eleatoral roll of the Tamil Nadu Legidative Assem ly prepared and revised in accordance
011.
1 with the provisions of law for the time being in brce, in so far as it relates to such munioipal~ty and it shall be deemed to be the electoral roll of such municipality for the purpqes of this Act and any amendment, by way of inclusion for the purposes of correction of any entry in the electoral roll of the Tamil Nadu Legislative Assembly mado after the date ot publication of the election notification by the Tamil Nadu State Election Commission and before the declaration of the result of such election, shall not form part of the electoral roll for such municipal election.
(2) The Tamil Nadu State Election Cozmission may, in special circumstanoes, direot the Commissioner fox preparation of a now municipal electoral roll ' for the purpose of conducting municipal election to all or one or more munici- ' palities in accordance with the rules.
tenera1 and 10. (1) Any general or mid-term election to the Council shall be conducted mid-term by the Returning Officer appointed by the Tamil Nadu State Election Commis- . lection. sion in accordance with the rules.
(2) Unless the Tamil Ncdu State Election Commission otherwise directs, no casual vacancy of a councillor or Chairperson shall be filled in cases where the general election for the councillor or Chairperson under sub-section ( I ) is due within six months.
(3) Notwithstanding anything contained in this Act but subject to the provisions of sub-section (2), the Tamil Nadu State Election Commission may for any valid reason direot the postponement or alteration of the date of general or midterm election or may stop the proceedings of any election.
(4) A courrL:l1-- or Chairperson clcofod at a mid-term election shall entel upon oE-- forthwith but shall hold office so long only as the councillor or Chairperson in whose place he is elected would have been entitled to hold oGca if tho vacancy had not occured.
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one ward.
Provided that a Person who stands for election as Chairperson shall not&e eligible toJ stand for election as a council101 :
Provided furthsr that a psrson who stands for eleation as a councillor shall not be eligible to !stand for election as Chairperson :
Provlded ~ l j o t h l t 110 c~dn:ill~r shall b3 oligibl3 to standjitor]election ,as ?hairperson.