The members of the municipality are to be elected on the basis of adult suffrage.
Electoral Roll for every Ward:
The electoral roll for every ward is prepared under the superintendence and direction of State Election Commission. In Uttar Pradesh the State Election Commission has decided to utilize the Electoral Roll prepared by the CEO Office, UP under the superintendence of Election Commission of India and add ward level details to the basic Electoral Roll.
Electoral Process:
The elections to the municipalities are to be conducted by the State Election Commission. The following are the main features of the electoral process for the municipalities.
He / She is an elector for any ward in the municipality (urban local body). In the case of a seat reserved for the Scheduled Castes, the Scheduled tribes, the backward classes or the women, the person must belong to the said category, as the case may be. He / she has attained the age of Twenty One years.
Any person who is registered with the State Election Commission for a ward can vote in the municipality elections in that ward except the following:
A person can vote in one ward only. If he votes in more than one ward his votes in all the wards will be cancelled.
He is disqualified under the section 12-D of U.P. Municipalities Act, 1916 (described as “Disqualifications for membership” above)
A person cannot vote if he is in prison or in lawful custody of Police. This disqualification does not apply to a person subjected to preventive detention under any law for the time being in force.
The provisions of section 13(D) in the municipalities Act 1916 are detailed below: A person, notwithstanding that he is otherwise qualified, shall be disqualified for being chosen as and for being a member, of a board if he:
Is a dismissed servant of a local authority and is debarred from re-employment there under, or Having held any office under the Government of any state has been dismissed for corruption or disloyalty to state, unless a period of six years has elapsed since the dismissal. Is debarred for the practicing as a legal practitioner by order of a competent authority or Holds any place of profit in the gift or disposal of the Board or is disqualified under section 27 or section 41(Subs. By UP Act No. 15 of 1983)Is in the service of the State or the Central Government or any local authority, or is a District Government Counsel or an Additional or Assistant District Government Counsel or an Honorary Munsif or an Honorary Assistant Collector, or Explanation: A government treasurer shall not be deemed to be in the service of the state or the Central Government within the meaning of this clauses in arrears in the payment of municipal taxes or other dues in excess of one year’s demand to which section 166 applies or(Omitted by UP Act No. 12 of 1994)
Is an undischarged insolvent.
Has been convicted of any offence punishable with the imprisonment under section 171-E or an offence punishable under section 171-F of Indian Penal Code, 1860 or has been sentenced to imprisonment for contravention of any order under the Essential Commodities Act, 1955, or the U.P. control of Supplies (Temporary Powers) Act, 1947 as re-enacted by U.P. Control of Supplies (Temporary Powers) Act, 1953 or the Prevention of food Adulteration Act, 1954 or for an offence which is declared by the State Government to involve such moral turpitude as to render him unfit to be a member, or has been ordered to execute a bond for good behavior in consequence of proceedings under Section 109 or 110 of the Code of Criminal Procedure, 1893 such sentence or order not having been subsequently reversed.
Is so disqualified by or under any law of the time being in force for the purpose of election to the legislature of the state
Provided that in case of (a) and (b) the disqualification may be removed by an order of the State Government in this behalf;
Provided further that in case of (g) the disqualification shall cease as soon as the arrears are paid;
[Provided also that in case of (i)-
The disqualification shall cease on the expiry of five years from the date of his release or the from the date of the expiry of the period of which he is required to execute a bond for a good behavior, as the case may be.
The qualification shall not, in the case of a person who is, on the date of disqualification, a member of the board, take effect until three months have elapsed from the date of such disqualification or if within these three months an appeal or petition for revision is brought in respect of conviction or order until that appeal or petition is disposed of.]
Nagar Nigam Moradabad