(1) If any person, after the commencement of this Act, is convicted of an offence punishable under section 171E, or section 171F, of the Indian Penal Code, or under section 125, or section 135, or 45 of 1860.
clause (a) of sub-section (2) of section 136, of the Representation of the 43 of 1951.
People Act, 1951, he shall, for a period of six years from the date of conviction or from the date on which the order takes effect, as the case may be, be disqualified for voting at any election, and his name shall be struck off from the electoral roll.
(2) Any person disqualified by a decision of the District Judge under section 76 for any period shall be disqualified for the same period for voting at any election, and his name shall be struck off from the electoral roll.
Notification 36. (1) The first general election to a Municipality, newly constituted, for general shall be held not later than six months from the date of notification election to a Municipality. constituting the Municipality.
(2) A general election shall be held for the purpose of constituting a new Municipality on the expiration of the duration of the existing Municipality or on its dissolution and completed before the expiry of the duration of the Municipality.
324 The West Bengal Municipal Elections Act, 1994.
XXXIV of 1994.]
(Chapter VI.—Conduct of Elections.—Section 37.)
West Ben.
Act VIII of
1994.
(3) For the purpose as aforesaid, the State Government shall, subject to the provisions of section 8 of the West Bengal State Election Commission Act, 1994, by one or more notifications published in the Official Gazette on such date or dates as may be determined, call upon the Municipality to elect members in accordance with the provisions of this Act and the rules and the orders made thereunder:
Provided that where a general election is held otherwise than on the dissolution of the existing Municipality, no such notification shall be issued at any time earlier than six months prior to the date on which the duration of such Municipality would expire;
Provided further that when a Municipality has been dissolved, elections to constitute the Municipality shall be completed before the expiry of six months from the date of its dissolution:
Provided also that where the period for which such dissolved Municipality would have continued is less than six months, it shall not be necessary to hold any elections to constitute such Municipality for such period.
CHAPTER VI Conduct of Elections
37. As soon as the notification calling upon a Municipality to elect a Appointment of member or members is issued, the Commission shall, by notification, dates for nominations appoint— etc.
(a) the last date for making nominations, which shall be seventh day after the date of publication of the first mentioned notification or, if that day is a public holiday, the next succeeding day which is not a public holiday;
(b) the date for the scrutiny of nominations, which shall be the day immediately following the last date for making nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday:
Provided that one or more successive dates may be appointed for the scrutiny of nominations;
(c) the last date for the withdrawal of candidatures, which shall be the second day after the last date for the scrutiny of nominations or, if that day is a public holiday, the next succeeding day which is not a public holiday;
325 The West Bengal Municipal Elections Act, 1994.
[West Ben. Act (Chapter W.—Conduct of Elections.—Sections 38-40.)
(d) the date or dates on which a poll shall, if necessary, be taken, which or the first of which shall be a date not earlier than the twenty-fifth day after last date for the withdrawal of candidatures; and
(e) the date before which the election shall be completed.
Public notice of election.
Nomination of candidates for election.
Presentation of nomination paper and requirements for valid nomination.
38. On the issue of a notification under section 37, the Municipal Returning Officer shall, in such form and manner as may be prescribed, give public notice of the intended election inviting nominations of candidates for such election and specifying the place at which the nomination papers shall be delivered.
39. Any person may be nominated as a candidate for election to fill a seat in a Municipality if he is qualified to be chosen to fill that seat under the provisions of this Act.