The Delhi Municipal Corporation Act, 1957

¹[²[7. Elections to the Corporation.-

(1) The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Corporation shall be vested in the Election Commission of the National Capital Territory of Delhi consisting of an Election Commissioner to be appointed by the Administrator.

(2) Subject to the provisions of any law made by the Legislative Assembly of the National Capital Territory of Delhi, the conditions of service and tenure of office of the Election Commissioner shall be such as the Administrator may by rules determine:

Provided that the Election Commissioner shall not be removed from office except in a like manner and on the like grounds as a Judge of a High Court and the conditions of service of the Election Commissioner shall not be varied to his disadvantage after his appointment.

(3) The Administrator shall, when so requested by the Election Commission make available to that Commission such staff which the Administrator considers necessary for discharge of the functions conferred on the Election Commission by sub-section (1).]

1. Subs. by Act 55 of 1974, s. 5, for section 7 (w.e.f. 10-1-1975).

2. Subs. by Act 67 of 1993, s. 8, for section 7 (w.e.f. 1-10-1993).

7A. Electoral roll for every ward.-

For every ward there shall be an electoral roll which shall be prepared in accordance with the provisions of this Act and the rules made thereunder.]

7B. Electoral registration officers.-

(1) The electoral roll for each ward shall be prepared and revised by an electoral registration officer who shall be such officer of Government or the Corporation as ³[the Election Commission may, in consultation with the Government,] designate or nominate in this behalf.

(2) To assist the electoral registration officer in the discharge of his functions under sub-section (1) the ⁴[Election Commission may employ such persons as it thinks fit].

3. Subs. by s. 9, ibid. for "Central Government may" (w.e.f. 1-10-1993).

4. Subs. by s. 9, ibid, for "Director of Municipal Elections may employ such persons as he thinks fit" (w.e.f. 1-10-1993).

7C. Assistant electoral registration officers.-

(1) ⁵[The Election Commission] may appoint one or more persons as assistant electoral registration officers to assist any electoral registration officer in the performance of his functions.

(2) Every assistant electoral registration officer shall, subject to the control of the electoral registration officer, be competent to perform all or any of the functions of the electoral registration officer.

5. Subs. by s. 10, ibid. for "The Central Government" (w.e.f. 1-10-1993)

7D. Registration of Electors.-

The persons entitled to be registered as electors in the electoral roll of ⁶[an assembly constituency] in Delhi as relates to the area comprised within a ward shall be entitled to be so registered in the electoral roll of that ward and the provisions in this behalf in the Representation of the People Act, 1950 (43 of 1950) shall apply to the registration of electors in the electoral roll of a ward as they apply to the registration of electors in the electoral roll of ⁶[an assembly constituency].

Explanation-In this section, in sub-section (1) of section 7E and in clause (ag) of sub-section (1) of section 31, the expression ⁶[an assembly constituency] has the meaning assigned to it under the Representation of the People Act, 1950 (43 of 1950).

6. Subs. by s. 11, ibid. for "a parliamentary constituency" (w.e.f. 1-10-1993).

7E. Preparation and revision of electoral rolls.-

(1) The electoral roll for each ward shall be prepared before each general election in such manner as may be prescribed by rules by reference to the qualifying date and shall come into force immediately upon its final publication in accordance with the rules made for the purpose:

Provided that if the ¹[Election Commission] is satisfied that, instead of preparing a fresh electoral roll of a ward before a general election, it would be sufficient to adopt the electoral roll of ²[the assembly constituency] for the time being in force as relates to the ward, it may, by order, for reasons to be specified therein, direct that the electoral roll of ²[the assembly constituency] for the time being in force as relates to the ward shall, subject to any rules made for the purpose, be the electoral roll of the ward for the general election.

(2) The electoral roll prepared or adopted, as the case may be, under subsection (1) shall-

(a) unless otherwise directed by the ¹[Election Commission], for reasons to be recorded in writing, be revised in the manner prescribed by rules by reference to the qualifying date before each bye-election to fill a casual vacancy in a seat allotted to the ward; and

(b) be revised in any year in the manner prescribed by rules by reference to the qualifying date if such revision has been directed by the ¹[Election Commission]:

Provided that if the electoral roll is not revised as aforesaid, the validity or continued operation of the said electoral roll shall not thereby be affected.

(3) Notwithstanding anything contained in sub-section (2), the ¹[Election Commission] may, at any time, for reasons to be recorded in writing, direct a special revision of the electoral roll for any ward or part of a ward in such manner as it may think fit:

Provided that the electoral roll for the ward as in force at the time of the issue of any such direction shall continue to be in force until the completion of the special revision so directed.

Explanation:-In this section, the expression "qualifying date" means such date as the ¹[Election Commission] may, by order, specify in this behalf.

1. Subs. by Act 67 of 1993, s. 12, for "Central Government" (w.e.f. 1-10-1993).

2. Subs. by s. 12, ibid. for "a parliamentary constituency" (w.e.f. 1-10-1993).

7F. Correction of entries in electoral roll.-

If the electoral registration officer, on an application made to him or on his own motion, is satisfied after such inquiry as he thinks fit, that any entry in the electoral roll for any ward-

(a) is erroneous or defective in any particular; or

(b) should be transposed to another place in the roll on the ground that the person concerned has changed his place of ordinary residence within such ward; or

(c) should be deleted on the ground that the person concerned is dead or has ceased to be ordinarily resident within such ward or is otherwise not entitled to be registered in that the electoral registration officer shall, subject to such general or special directions, if any, as may be given by the ³[Election Commission] in this behalf, amend, transpose or delete the entry:

Provided that before taking any action on the ground specified in clause (a) or clause (b) or any action under clause (c) on the ground that the person concerned has ceased to be ordinarily resident within such ward or that he is otherwise not entitled to be registered in the electoral roll of such ward, the electoral registration officer shall give the person concerned a reasonable opportunity of being heard in respect of the action proposed to be taken in relation to him.

3. Subs. by s. 13, ibid. for "Director of Municipal Elections" (w.e.f. 1-10-1993).

7G. Inclusion of names in electoral roll.-

(1) Any person whose name is not included in the electoral roll of a ward may apply to the electoral registration officer for the inclusion of his name in that roll.

(2) The electoral registration officer shall, if satisfied that the applicant is entitled to be registered in the electoral roll, direct his name to be included therein:

Provided that if the applicant is registered in the electoral roll of any other ward, the electoral registration officer shall inform the electoral registration officer of that other ward and that Officer shall, on receipt of the information, strike off the applicant's name from that roll.

(3) No amendment, transposition or deletion of any entry shall be made under section 7F and no direction for the inclusion of a name in the electoral roll of a ward shall be given under this section after the last date for making nominations for an election in that ward and before the completion of that election.

7H. Appeal.-

An appeal shall lie within such time and in such manner as may be prescribed by rules to the ¹[Election Commission] from any order of the electoral registration officer under section 7F or section 7G.

1. Subs. by Act 67 of 1993, s. 14, for "Director of Municipal Elections" (w.e.f. 1-10-1993

7 I. Jurisdiction of civil courts barred.-

No civil court shall have jurisdiction-

(a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll for a ward; or

(b) to question the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by the ²[Election Commission].]

2. Subs. by s. 15, ibid. for "Director of Municipal Elections" (w.e.f. 1-10-1993

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