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Handbook for Electoral Registration Officers - Election Commission ...

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CHAPTER-XIIIPreparation and Publication of <strong>Electoral</strong> Rolls <strong>for</strong> Council Constituencies1. In the States of Andhra Pradesh, Bihar, Karnataka, Maharashtra and Uttar Pradesh,there are Legislative Councils in addition to the Legislative Assemblies. The State ofJammu & Kashmir also has Legislative Council but the preparation of electoral rolls andconduct of elections are held as per Jammu & Kashmir Constitution & the Jammu &Kashmir Representation of People Act, 1957.2. Parliament may, by law, provide <strong>for</strong> the abolition of the Legislative Council of aState having such a Council or <strong>for</strong> the creation of such a Council in a State having no suchCouncil, if the Legislative Assembly of the State passes a resolution to that effect by amajority of total membership of the Assembly and by a majority of not less than two-thirdsof the members of the Assembly present and voting.3. The total number of members in the Legislative Council of a State having such aCouncil shall not exceed one-third of the total number of members in the LegislativeAssembly of that State, provided that the total number of Members in the LegislativeCouncil of a State shall in no case be less than <strong>for</strong>ty.4. Of the total number of Members of the Legislative Council of a State—(a)(b)(c)(d)(e)as nearly as may be, one-third shall be elected by electorates consisting ofmembers of municipalities, district boards and such other local authorities inthe State as Parliament may by law specify ;as nearly as may be, one-twelfth shall be elected by electorates consisting ofpersons residing in the State who have been <strong>for</strong> at least three years graduatesof any university in the territory of India or have been <strong>for</strong> at least three yearsin possession of qualifications prescribed by or under any law made byParliament as equivalent to that of a graduate of any such university ;as nearly as may be, one-twelfth shall be elected by electorates consisting ofpersons who have been <strong>for</strong> at last three years engaged in teaching in sucheducational institutions within the State, not lower in standard than that of asecondary school, as may be prescribed by or under any law made byParliament ;as nearly as may be, one-third shall be elected by the members of theLegislative Assembly of the State from amongst persons who are notmembers of the Assembly ;the reminder shall be nominated by the Governor and shall consist ofpersons having special knowledge or practical experience in respect of suchmatters as the following:—Literature, Science, Art, Co-operative Movement and Social Services.97

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