Section 43A:
Special provision for delimitation of constituencies of Mizoram Legislative Assembly.
1[43A. Special provision for delimitation of constituencies of Mizoram Legislative
Assembly.―(1) The provisions of sections 39 to 43 (both inclusive) shall not apply to the delimitation of
constituencies for the purpose of elections to the Legislative Assembly of the Union territory of Mizoram.
(2) The Election Commission shall, in the manner herein provided, distribute the seats assigned to the
Legislative Assembly of the Union territory of Mizoram under sub-section (2) of section 3 to single
member assembly constituencies and delimit them on the basis of the latest census figures having regard
to the provisions of the Constitution and to the following provisions:―
(a) all constituencies shall, as far as practicable, be geographically compact areas;
(b) in delimiting the constituencies, regard shall be had to physical features, existing boundaries
of administrative units, facilities of communication and public convenience.
(3) For the purpose of assisting in the performance of its functions under sub-section (2), the Election
Commission shall associate with itself as associate members—
(a) all the persons who, having been elected to the Legislative Assembly of the State of Assam
from the Lungleh, Aijal East and Aijal West territorial constituencies, are members of that Assembly
immediately before the day appointed under clause (b) of section 2 of the North-Eastern Areas
(Reorganisation) Act, 1971 (81 of 1971); and
(b) such three elected members of the District Council of the Mizo District as the Chairman
thereof may nominate:
Provided that none of the associate members shall have a right to vote or sign any decision of the
Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled,
if practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette and
in such other manner as the Commission may consider fit, together with a notice inviting objections
and suggestions in relation to the proposals and specifying a date on or after which the proposals will
be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after consideration of objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such publication, the order or
orders shall have the full force of law and shall not be called in question in any court.
(6) The Election Commission may, from time to time, by notification in the Official Gazette,―
(a) correct any printing mistake in any order made under sub-section (5) or any error arising
therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order or orders
are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such
order up-to- date.
(7) Every order made under sub-section (5) and every notification issued under sub-section (6) shall
be laid as soon as may be after it is made or issued before the Legislative Assembly of the Union territory
of Mizoram.
(8) All things done, and all steps taken, before the commencement of this Act in the Union territory of
Mizoram with a view to delimiting the territorial constituencies of that Union territory for purposes of
elections to the Legislative Assembly of that Union territory shall, in so far as they are in conformity with
the foregoing provisions of this section, be deemed to have been done or taken under those provisions as
if those provisions were in force at the time such things were done or such steps were taken.]
Notes:
1. Ins. by Act 83 of 1971, s. 10 (w.e.f. 16-2-1972).