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THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

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75. No person to be registered in the electoral roll for more than once.—Noperson shall be entitled to be registered in the electoral roll for a ward in a Municipality more thanonce and a person registered in the electoral roll for a ward in a Municipality shall not be entitled tobe registered in the electoral roll for any other ward in that Municipality or any other Municipality orany constituency in a Village Panchayat.76. Conditions of registration,— Subject to the provisions of sections 74 and 75, everyperson who-(a) is not less than eighteen years of age on the qualifying date; and(b) is ordinarily resident in a ward in a Municipality, shall be entitled to be registered inthe electoral roll for that ward.Explanation.— For the purposes of this section and section 78, "qualifying date" inrelation to the preparation or revision of an electoral roll, means the first day of January of theyear in which it is so prepared or revised.77. Meaning of "ordinarily resident".— (1) A person shall not be deemed to beordinarily resident in a ward in a Municipality on the ground only that he owns or is in possessionof a dwelling house therein.(2) A person absenting himself temporarily from his place of ordinary residence shallnot, by reason thereof, cease to be ordinarily resident therein.(3) A Member of the Parliment or of the State Legislative Assembly or the Chairpersonor Deputy Chairperson of a Municipality shall not, during the term of his office, cease to beordinarily resident in the ward, in the electoral roll of which he is registered as an elector atthe time of his election as such Member, Chairperson or Deputy Chairperson, by reason ofhis absence from that ward in connection with his duties as such Member of Chairperson orDeputy Chairperson, as the case may be.(4) A person who is a patient in any establishment maintained wholly or mainly for thereception and treatment of persons suffering from mental illness or mental defectiveness orwho is detained in prison or other legal custody at any place shall not, by reason thereof, bedeemed to be or ordinarily resident therein.(5) Where a question arises as to whether a person is ordinarily resident at a place atany relevent time, the question shall be determined by the State Election Commission withreference to all the facts of the case and to such rules as may be made in this behalf.78. Preparation and revision of electoral rolls.— (1) The electoral roll for each wardin a Municipality shall be prepared by the Electoral Registration Officer in the prescribedmannerwith reference to the qualifying date and shall come into force immediately upon its finalpublicationin accordance with the rules made under this Act,(2) The said electoral roll shall,-(a) unless otherwise directed by the State Election Commission, for reasons to berecorded in writing, be revised by the Electoral Registration Officer in the prescribedmanner with reference to the qualifying date-(i) before each ordinary election to a Municipality; and(ii) before each bye-election to fill a casual vacancy in a Council;(b) be revised in any year in the prescribed manner with reference to the qualifyingdate if such revision has been directed by the State Election Commission:

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