Section 31 · Power to make rules regulating the election of Councillors

(1) The Government may in consultation with Chief Electoral Officer make rules to provide for or regulate all or any of the following matters for the purpose of holding elections of Councillors under this Act, namely :––

(a) qualifications of elector and the preparation, publication, correction and revision of electoral rolls ;

(b) the appointment of returning officers, assistant returning officers, presiding officers and polling officers for the conduct of election ;

(c) the nomination of candidates, form of nomination papers, objections to nominations and scrutiny of nomination and allotment of symbols to candidates ;

(d) the deposits to be made by candidates, time and manner of making such deposits and the circumstances under which such deposits may be refunded to candidates or forfeited to the Corporation ;

(e) the withdrawal of candidature ;

(f) the appointment of agents of candidates ;

(g) the procedure in contested and uncontested elections ;

(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 electoral roll ;

(v) the marking with indelible ink of the left fore-finger or any other finger or limb of the voter and prohibition of the delivery of the ballot 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 ;

¹[(vi-a) 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 ;]

(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 ;

²[(viii-a) the procedure as to counting of votes recorded by means of voting machines ;]

³[(ix) the custody of voting machines 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 ;

⁴[(xi) the holding of fresh poll in case of destruction of, or tampering with ballot boxes or voting machines, or mechanical failure of voting machines, before the count ;]

(xii) the countermanding of the poll in the case of the death of a candidate before the poll ;

(i) the requisitioning of premises, vehicles, vessels or animals, payment of compensation in connection with such requisitions, eviction from requisitioned premises and release of premises from requisition ;

(j) the fee to be paid on an election petition ;

(k) any other matter relating to elections or election disputes which is to be prescribed or in respect of which the Government deems it necessary to make rules under this section or in respect of which this Act makes no provisions or makes insufficient provisions and provision is, in the opinion of the Government, necessary.

(2) Any person who contravenes the provisions of any rule framed under this section shall be punishable with fine which may extend to one thousand rupees.