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Section 88

The West Bengal Municipal Elections Act, 1994State Act of West Bengal · Act 34 of 1994

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

(2) In particular, and without prejudice to the generality of the foregoing power, 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 voters 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 authorised 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 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;

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

(i) any other matter required to be prescribed by this Act.

89. 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.

90. 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.

Power to make rules.

Jurisdiction of Civil Courts barred.

Removal of difficulty.

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Where this provision sits

ActThe West Bengal Municipal Elections Act, 1994
Section88
JurisdictionState of West Bengal
StatusIn force as published by the source

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