(1) The first general election of the Municipality of a municipal Holding of area newly constituted under this Act shall be held at such time as the State g e n e r a l Government may determine. e lect ion .
( 2 ) The general election in a municipal area to constitute the Municipality shall be held before expiration of the term of office of the existing body on such date as the State Government may fix for the purpose.
(3) Each ward of a municipal area shall elect a member during the general election in accordance with the provisions of this Act and the rules made thereunder.
(4) Notwithstanding anything contained in this section, there shall be no bar to the constitution of a Municipality after a general election on account of election not being held in a ward or a number of wards not exceeding one-fourth of the total number of wards constituting the Municipal area.
50. The State Governlnent shall, by notification, appoint an election authority Appointment for every Municipal area for the purpose of this Act, and may also appoint such number of assistant eletction authorities as the State Government may authorities.
think fit to perform such functions of the election authority under this Act or the rules made thereunder as the election authority may delegate in this behalf, and an assistant election authority shall while performing such functions, be deemed to be an authority for the purpose of this Act.
Provided that notwithstanding anything contained in this Act, the election authority and the assistant election authorities shall, in the exercise of their powers and discharge of their functions under this Act, be subjcet to the superintendence, direction and control of the State Election Commission, referred to in article 243 K of the Constitution.
'[Provided further that the electoral rolls shall be prepared and election of the municipal bodies shall be held under the superintendence, direction and control of the State Election Commissioner under this Act and Rules Framed thereunder :]
Provided also that the State Government shall, when so requested by the State Election Commissioner, make available to the State Election Commissioner, such staff as may be necessary, for the discharge of the functions conferred under this Act.
Electoral roll 51. (1 ) For every Municipal area, there shall be an electoral roll foramuniciijal showing the names of the persons qualified to vote.
area.
(2) The electoral roll for a Municipal area shall be divided into several parts, one for each ward of a Municipal area.
(3) The electoral roll for a municipal area shall be prepared, revised or corrected by the election authority in accordance with such rules as may be made by the State Government in this behalf :
Provided that there shall be a preliminary publication of such electoral roll after preparation or revision to be followed by final publication after hearing of objections in the manner prescribed.
(4) Notwithstanding anything contained elsewhere in the Act, the electoral roll for the time being in force for the election of members of the Tripura Legislative Assembly so far as it relates to the area comprised in a Municipal area, may be adopted as the electoral roll for that Municipal area for the purposes of Preliminary publication.
Condition for 52, ( 1 ) Every person whoregistration of voter. (a) is not less than 18 years of age on the qualifying date, and
(b) is ordinarily resident in a Municipal area :
I . 11r.vc.rterl Ijy Tlir fii/>riru M~orici[~rrl (A~~~~n( l i r rerr t ) Act, 2000, 11wj; 6.10.2000.
599 shall be entitled to be registered in the electoral roll for the Municipal area.
(2,) No person shall be entitled to be registered in the electordl roll of any Municipal area in more than one place.
(3) No person shall be entitled to be registered in the electoral roll for any Municipal area if his name has already been registered as a voter in the electoral roll of any other Municipal area, or Panchayat area.
Explanation I- The expression "qualifying date" shall mean such date as the State Government may by notification specify for the purposes of This Act .
Explanation IZ- The expression "ordinarily resident" shall have the same meaning as assigned to it in section 20 of the Representation of the people Act, 1950.
53. The disqualifications for registration in an electrol roll for a Municipal Disqualification area shall be the same as provided in section 16 of the Representation of for registration the people Act, 1950. in an electoral roll .
54. Any person aggrived by any entry in, or commission from, the Appeal.
electoral roll or by the order or decision of the election authority may, within fifteen days from the date of final publication of the electoral roll or from the date of the decision or the order of the electoral authority, as the case may be, appeal to such appellate authority as the State Government may by notification appoint and if, on such appeal, the said appellate authority directs any modification or addition to be made in the electoral roll or the decision or the order of the election authority, the electoral roll shall accordingly be corrected or the decision or the order shall be modified, as the case may be, and such decision on appeal shall be published in the manner provided for final publication of an electoral roll.
55. I ) Every person who by claiming a qualification, which knows Offences in that he does not possess, to vote at a municipal election or by using a false of document or by a false declaration or by any other deceitful means, electoral roll.
procures or attempts to procure the improper entry of the name, whether of himself or of any other person, in the electoral roll or the improper omission of any name therefrom, shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand tupees or with both.
( 2 ) Every municipal officer or employee or polling officer who wilfully makes or procures or attempts to make or procure any improper entry in the electoral roll or any improper omission therefrom shall be punished with imprisonment for a term which may extend to one year or with fine which may entend to two thousand rupees or with both.
Right of vote. 56. Save as otherwise provided in this Act, every person whose name is included in the electoral roll which is in force after final publication, shall be entitled to vote at an election for the ward where his name is so included :
Provided that no person shall vote at an election of members of the Municipal area if he-
(a) has been adjudged to be of unsound mind ; or
(b) has voluntarily acquired the citizenship of a foreign State; or
(c) has been sentenced by a criminal court for an electoral offence punishable under this Act, or has been disqulified under any other law for the time being in force from exercising any electoral right on account of corrupt practices in connection with an election, and six years have not elapsed from the date of such sentence or disqualification :
Provided that the disqualification under this clause may at any time be removed by the State Government if it thinks fit.
Qualification 57. No person whose name is not included in the electoral roll for the for as election of members of Municipal area. shall be qualified to be elected a a member Of member of that Municipal area.
Municipality.
G e n e r a l 58. (1) A person shall be disqualified for being chosen as and for disqualitjcaion being a member of a Municipality, if for membership of Municipality.
(a) he is so disqualilfied by or under any law for the time being in force for the purpose of election to the Legislature of the State ; or
(b) he has, directly or indirectly by himself or by his partner or employer or any employee, any share or interest in an contract or employment with, by, or on behalf of, the Municipality ; or
(c) he is in the service of, or received remuneration from, the Central or the State Government or the Municipality ; or
(d) has been elected to, or appointed under, any other Municipality or any Municipal Corporation or any Gram Panchayat or Panchayat Samiti or Zilla Parishad or the Council
Provided that notwithstanding anything contained in sub-section ( I ) , no person shall be deemed to be disqualified thereunder by reason only of his having a share or interest in- ( i ) any lease, sale or purchase of land or any agreement for the same ; or ( i i ) any agreement for the loan of money or any security for the payment of money ; or
(iii) any newspaper in which any advertisement relating to the affairs of the Municipality is inserted ; or (i v) any incorporated or registered company which contracts with, or is employed by, the Municipality :
Provided further that no person shall be disqualified on the ground that he is less than twenty-five years of age if he has attained the age of twenty-one years.
(2) If any person is or has been convicted by a criminal court of an offence, punishable with imprisonlnent for a period of not less than two years, such person shall not be eligible for election or appointment as a member for five years from the date of expiration of the sentence.
(3) If any question arises as to whether any person or any member has become subject to any of the disqualifications mentioned in sub-section (1) and (2), the question shall be referred for decision to such authority and in such manner as may be notified by the State Government from time to time.