Section 27:
Preparation of electoral rolls for Council Constituencies.
(1) In this section, local
authorities constituency, graduates' constituency and teachers' constituency mean a constituency for the purpose of elections to a Legislative Council under sub-clause (a), sub-clause (b) and
sub-clause (c), respectively, of clause (3) of article 171.
1[(2) For the purpose of elections to the Legislative Council of a State in any local authorities
constituency
(a) the electorate shall consist of members of such local authorities exercising jurisdiction in
any place or area within the limits of that constituency as are specified in relation to that State in
the Fourth Schedule;
(b) every member of each such local authority within a local authorities' constituency
shall be entitled to be registered in the electoral roll for that constituency;
(c) the electoral registration officer for every local authorities' constituency shall maintain
in his office in the prescribed manner and form the electoral roll for that constituency
corrected up-to-date;
(d) in order to enable the electoral registration officer to maintain the electoral roll corrected
up-to-date, the chief executive officer of every local authority (by whatever designation such
officer may be known) shall immediately inform the electoral registration officer about every
change in the membership of that local authority; and the electoral registration officer shall, on
receipt of the information, strike off from the electoral roll the names of persons who have
ceased to be, and include therein the names of persons who have become, members of that
local authority; and
(e) the provisions of sections 15, 16, 18, 22 and 23 shall apply in relation to local
authorities' constituencies as they apply in relation to assembly constituencies.]
(3) For the purpose of elections to the Legislative Council of a State in the graduates'
constituencies and the teachers' constituencies, the State Government concerned may, with the
concurrence of the Election Commission, by notification in the Official Gazette, specify
(a) the qualifications which shall be deemed to be equivalent to that of a graduate of a
university in the territory of India, and
(b) the educational institutions within the State not lower in standard than that of a
secondary school.
2[(4) The provisions of sections 15, 16, 18, 21, 22 and 23 shall apply in relation to graduates' constituencies and teachers' constituencies as they apply in relation to assembly constituencies.]
(5) Subject to the foregoing provisions of this section,
3* * * * *
4[(a)] every person who 5[is] ordinarily resident in a graduates' constituency and has, for at at least three years 6[before the qualifying date], been either a graduate of a University in the
territory of India or in possession of any of the qualifications specified under clause
(a) of sub-section (3) by the State Government concerned, shall be entitled to be registered in
the electoral roll for that constituency; and
7(b) every person who 5[is] ordinarily resident in a teachers' constituency, and has,
within the six years immediately 6[before the qualifying date] for a total period of at least three
years, been engaged in teaching in any of the educational institutions specified under clause (b) of sub-section (3) by the State Government concerned shall be entitled to be registered in the
electoral roll for that constituency.
8[(6) For the purposes of sub-sections (4) and (5) the qualifying date shall be the 1st day of November of the year in which the preparation or revision of the electoral roll is commenced.]
Notes:
1. Subs. by s. 18, ibid., for sub-section (2) (w.e.f. 1-3-1956).
2. Subs. by s. 18, ibid., for sub-section (4).
3. Clause (a) omitted by s. 18, ibid.
4. Clause (b) re-lettered as clause (a) by s. 18, ibid.
5. Subs. by Act 40 of 1961, s. 4, for on the qualifying date was (w.e.f. 20-9-1961).
6. Subs. by s. 4, ibid., for before that date (w.e.f. 20-9-1961).
7. Clause (c) re-lettered as clause (b) by Act 2 of 1956, s. 18 (w.e.f. 1-3-1956).
8. Subs. by Act 40 of 1961, s. 4, ibid., for sub-section (6) (w.e.f. 20-9-1961).