THE KERALA MUNICIPALITY ACT, 1994* - nrcddp

Provided that a Councillor shall not be restored more than once during his term of office.CHAPTER VIINOTIFICATION OF GENERAL ELECTIONS AND ADMINISTRATIVEMACHINERY FOR THE CONDUCT OF ELECTIONS94. Notification for general election to Municipalities.— (1) A general electionshall be held for the purpose of constitution or reconstruction of new Municipalities before theexpiration of the duration of the existing Municipalities or on dissolution.(2) For the said purpose, the Government shall, by one or more notifications published in theGazette on such date or dates, as may be recommended by the State Election Commission, call uponMunicipalities in the State to elect Councillors in accordance with the provisions of this Act and of therules and orders made thereunder.95. Delegation of functions of State Election Commission.— The functions of theState Election Commission under the Constitution of India, and this Act or the rules made thereunder, may,subject to such general or special directions, if any, as may be given by the State Election Commission in thisbehalf, be performed also by the Secretary to the State Election Commission.96. General duties of District Election Officers.— Subject to the superintendence,direction and control of the State Election Commission, the District Election Officer, shall coordinate and supervise all work in connection with the conduct of all elections to the Municipalitieswithin his area of jurisdiction, and also performed such other functions as may be entrusted tohim by the State Election Commission.22 [96A. Election observers.— (1) For observing the election in every Municipality the State ElectionCommission may, in consultation with the Government nominate a higher officer of the Government asElection Observer.(2) The Election Observer nominated under sub-section (1) shall assist the State Election Commissionto ensure a fair and equitable election and shall discharge such other functionsentrusted by the Commission.]97. Returning Officers.— For every Municipality and for every election to fill a seat orseats in a Municipality, the State Election Commission shall in consultation with the Government,designate or nominate 23 [one or more Returning Officers] who shall be an officer of theGovernment or of a local authority:Provided that nothing in this section shall prevent the State Election Commission from designatingor nominating the same person to be the Returning Officer for more than one Municipality.98. Assistant Returning Officers.— (1) The State Election Commission may appointone or more Assistant Returning Officers who shall be officers of the Government or of thelocal authorities to assist any Returning Officer in the performance of his functions.(2) Every Assistant Returning Officer shall, subject to the control of the Returning Officer, becompetent to perform all or any of the functions of the Returning Officer:Provided that no Assistant Returning Officer shall perform any of the functions of the ReturningOfficer relating to the scrutiny of nominations unless the Returning Officer is unavoidably preventedfrom performing the said function.I8A.Substituted for "or section 91 " by Act II of 1999, w.e.f. 2-10-1995.19. Proviso added by Act 14 of 1999, w.e.f. 24-3-1999.20. Substituted for the words by Act 14 of 1999, w.e.f. 24-3-1999.21. Substituted for the words "Every petition referred to" by Act 14 of 1999, w.e.f. 24-3-1999,22. Section 96A inserted by Act 14 of 1999, w.e.f. 24-3-1999.22. Substituted for "a Returning Officer" by Act 14 of 1999, w.e.f. 24-3-1999.