Section 31:
Power to make rules regulating the election of councillors and aldermen.
(1) The Central
Government may make rules to provide for or regulate all or any of the following matters 1[for the
purpose of preparation, revision, and maintenance of electoral rolls of wards and holding elections] of
councillors 2*** under this Act, namely:--
3[(a) the particulars to be entered in the electoral rolls;
(aa) the preliminary publication of electoral rolls;
(ab) the manner in which and the time within which claims and objections as to entries in
electoral rolls may be preferred;
(ac) the manner in which notices of claims or objections shall be published;
(ad) the place, date and time at which claims or objections shall be heard and the manner in
which claims or objections shall be heard and disposed of;
(ae) the final publication of electoral rolls;
(af) the revision and correction of electoral rolls and inclusion of names therein;
(ag) the manner in which and the purpose for which the electoral roll of 4[an assembly
constituency] may be used;
(ah) the correction of electoral rolls on change of extent or boundaries of wards;]
(b) the appointment of returning officers, assistant returning officers, presiding officers and
polling officers for the conduct of elections;
(c) the nomination of candidates, form of nomination papers, objections to nomination and
scrutiny of nominations;
(d) the deposits to be made by candidates, time and manner of making such deposits and the
circumstances under which such deposits may be returned to candidates or forfeited to 5[6[the Corporation]];
(e) the withdrawal of candidatures;
(f) the appointment of agents of candidates;
(g) the procedure in contested and uncontested elections and the special procedure at elections in
wards where any seat is reserved for the Scheduled Castes 8[and women];
(h) the date, time and place for poll and other matters relating to the conduct of elections
including--
(i) the appointment of polling stations for each ward,
(ii) the hours during which the polling station shall be kept open for the casting of votes,
(iii) the printing and issue of ballot papers,
(iv) the checking of voters by reference to the electoral roll,
(v) the marking with indelible ink of the left forefinger or any other finger or limb of the voter
and prohibition of the delivery of any ballot paper to any person if at the time such person applies
for such paper he has already such mark so as to prevent personation of voters,
(vi) the manner in which votes are to be given and in particular in the case of illiterate voters
or of voters under physical or other disability,
(vii) the procedure to be followed in respect of challenged votes and tendered votes,
(viii) the scrutiny of votes, counting of votes, the declaration of the results and the procedure
in case of equality of votes or in the event of a councillor being elected to represent more than
one ward,
(ix) the custody and disposal of papers relating to elections,
(x) the suspension of polls in case of any interruption by riot, violence or any other sufficient
cause and the holding of a fresh poll,
(xi) the holding of a fresh poll in the case of destruction of or tampering with ballot boxes
before the count,
(xii) the countermanding of the poll in the case of the death of a candidate before the poll;
9[(hh) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in
connection with such requisitioning, eviction from requisitioned premises and release of premises
from requisition;]
10* * * * *
(j) the fee to be paid on an election petition;
(k) any other matter 11[relating to electoral rolls or elections] or election disputes in respect of
which the Central Government deems it necessary to make rules under this section or in respect of
which this Act makes no provision or makes insufficient provision and provision is, in the opinion of
the Central Government necessary.
(2) In making any rule under this section the Central Government may provide that any contravention
thereof shall be punishable with fine which may extend to one hundred rupees.
Notes:
1. Subs. by Act 55 of 1974, s. 7, for "for the purpose of holding elections" (w.e.f. 10-1-1975).
2. The words "and alderman" omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993).
3. Subs. by Act 55 of 1974, s. 7, for clause (a) (w.e.f. 10-1-1975).
4. Subs. by Act 67 of 1993, s. 26, for “a parliamentary constituency” (w.e.f. 1-10-1993).
5. Subs. by Act 12 of 2011, s. 2, for "the Corporation"(w.e.f. 13-1-2012).
6. Subs. by Act 10 of 2022, s. 2, for "a Corporation" (w.e.f. 22-5-2022).
7. Subs. by Act 67 of 1993, s. 26, for "a parliamentary constituency" (w.e.f. 1-10-1993).
8. Ins. by s. 26, ibid. (w.e.f. 1-10-1993).
9. Ins. by Act 42 of 1961, s. 5 (w.e.f. 12-9-1961).
10. Omitted by Act 67 of 1993, s. 26 (w.e.f. 1-10-1993).
11. Subs. by Act 55 of 1974, s. 7, for "relating to elections" (w.e.f. 10-1-1975).