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Introduction

  1. The Constitution (74th Amendment) Act, 1992 introduced important changes in the composition, duration, reservation of seats and responsibilities of Municipalities and Municipal Corporations. The Delhi Municipal Corporation Act, 1957 was amended to harmonise it with aforesaid Constitutional amendment by enacting the Delhi Municipal Corporation (Amendment) Act, 1993 (Act No. 67 of 1993) on 1st October, 1993. With the introduction of Constitution (74th Amendment) Act, 1992 and subsequent amendments in the Delhi Municipal Corporation Act, 1957 there has been sea change in the election procedure of Delhi Municipal Corporation. The Election Commission of National Capital Territory of Delhi was constituted and given the responsibilities to superintend, direct and control the conduct of elections of Corporation in accordance with the provisions contained in the aforesaid Act. The other important changes brought in composition of Delhi Municipal Corporation are increase in the number of Councillors from 100 to 134, introduction of provision for nominations often persons having special knowledge or experience in the municipal administration, participation of members of Lok Sabha, Rajya Sabha (those elected from Delhi), and representatives of Legislative Assembly of Delhi in the affairs of the Municipal Government. The reservation of Wards for women, women belonging to Scheduled Castes is also important feature of the present Delhi Municipal Corporation Act, 1957. Accordingly, first general elections to the Municipal Corporation of Delhi were held in Delhi on 24th February, 1997 and the next elections were held after the expiry of 5 years' term on 24th March, 2002, under the superintendence, direction and control of this Commission.

  2. For elections to the Municipal Corporations of Delhi, the Assembly electoral rolls as were in force for the time being, were adopted under the relevant provisions of D.M.C Act, 1957 and utilized for the said elections though the Commission could have prepared the electoral rolls separately for these elections. Preparation of separate rolls would have entailed lot of labour and a longer time besides a heavy financial burden on the exchequer.

  3. Compilation of this report on elections held under the superintendence, direction and control of this Commission is essential broadly for the larger benefit of the public, aspiring candidates for future elections and the political parties, in general apart from the maintenance of important data and records for the use of this Commission for planning for election activities at future occasions largely to bring improvements in various subjects of election work

Personnel

The State Election Commission of the National Capital Territory of Delhi, is headed by a State Election Commissioner appointed under Article 243 ZA read with Article 243 K of the Constitution of India and also under section 7 of the Delhi Municipal Corporation Act, 1957.

The Commission was constituted in 1993 but no other supportive posts were created. However, some staff was provided in diverted capacity. On continued demand and long persuation, the Govt. of N. C. T. of Delhi , has sanctioned the 17 posts of different categories for a period of one year which are likely to be continued.

The nature of election work is regular in the sense that through the term of the House (MCD) is 5 years yet the Commission remains busy in keeping the electoral rolls uptodate, updating the lists of polling stations consequent to revision of electoral rolls to meet any demand in the event of a bye-election or elections on account of resignation/ death of a member or to hold general elections on the expiry of the term. Commission remains busy also in the post election work e.g. attending to election petitions, production of election records in the Courts, proper maintenance of all election records, inspection and supply of attested copies of admissible election documents to the public and the political parties, rendering the accounts of crores of rupees spent on elections, to the appropriate authority, settlement of accounts of election expenses filed by the candidates, to declare the defaulting candidates as 'disqualified for 6 years on account of failure to file the return of election expenses within the prescribed time and manner. The above staff is, therefore, inadequate and is not able to attend to the normal day to day and post election work. Besides, no additional staff has been provided by the U. T. Chandigarh Administration for election in Chandigarh . The staff at Delhi also attends to election work in Chandigarh . In fact, as per decision of the Govt. of India, Ministry of Home Affairs, is to accomplish election in Chandigarh with the staff provided in the Commission in the N. C. T of Delhi and the expenditure incurred on staff is to be shared with the U. T. Chandigarh Administration, based on the population ratio of both the territories.

  1. For the preparation of electoral rolls and the conduct of elections to the Municipal Corporation of Delhi, the State Election Commissioner may appoint the following officers belonging to the Govt. of Delhi :-

    1. One Secretary of the Commission

    2. Seven District Election Officers for 134 MCD Wards

    3. 35 Electoral Registration Officers for 134 wards

    4. 70 Asstt. Electoral Registration Officers for 134 wards.

    5. 35 Returning Officers for 134 wards

    6. 140 Asstt. Returning Officers for 134 wards

    7. 35 Election Observers

    8. 35 Election Expenditure Observers

    9. 1 Presiding Officer + 4 polling officers + 1 Group 'D' official for each of the 10.000 polling stations plus 10% as reserve staff

    10. 10.000 officials to work as Counting Supervisors and Counting Assisstants

    11. 6.000 officials to receive the polled ballot boxes and other sealed documents etc. from the presiding officers after the close of the poll, at the respective Collection Centres.

    12. 1,000 Sector Officers to supervise the poll

    13. About 50,000 police personnel including Home Guards are also deployed by the Police for maintenance, of law and order during the election period and on the day of poll. Armed police guards are also Cap provided for security of election material. Besides, 1,000 Police officers (S.ls and A.S. ls are also deployed to accompany the Sector Officers for law and order purposes.

Secretary of the Commission:

The Commission designates one of its senior officers as Secretary of the Commission to look after the functions of the State Election Commission as are specifically assigned to him by the Commission or as provided in the rules.

District Election Officers:

The Commission may appoint as many District Election Officers as it may consider it necessary, out of the officers working in the Commission or from those officers who may be borrowed from the Govt., to look after the electroral rolls and the conduct of elections in a ward or wards. The D.E.Os shall function subject to the superintendence, direction and control of the Commission.

The Returning Officers, Assistant Returning Officers, Electoral Registration Officers and Asstt., Electoral Registration Officers are appointed out of the officers of the Govt. by designation (and not by name) so that these officers are always available for preparation of electoral rolls I conduct of elections and transfers of officers does not affect the election work. Besides, such appointments continue throughout (even after elections) till the earlier notifications are superseded or cancelled and fresh ones are issued.

Delimitation of wards of the Municipal Corporation of Delhi

Consequent to the 74th Amendment in the Constitution of India pertaining to the Municipalities elections and amendments made in the Delhi Municipal Corporation Act, 1957 by Act No. 67 of1993, the Municipal Corporation of Delhi was assigned 134 wards. DMC area covers entire area of the National Capital Territory of Delhi except areas covered under New Delhi Municipal Council and the Delhi Cantt. Board. In other words, out of 70 Assembly Constituencies in N.C. T of Delhi, 67 are covered in D.M.C areas and each Assembly Constituency has been divided into two Wards, on the basis of Census figures for 1991. As per proportion of Scheduled Castes Population to the total Population; 25 wards were reserved he for scheduled castes and out of25 wards, 9 were reserved for S.C. women (1/3rd of the total number of S.C. seats). Out of the balance of109 wards, @ 1/3rd share, 37 wards were reserved for women only. Orders for provision of 134 wards, delimitation order dated 30th December, 1993 and Reservation of seats order dated 24th March, 1994 are attached herewith as Annexures A, B & C. The above orders have been issued by the Administrator of N.C.T of Delhi (power of the Central Govt. delegates to the Administrator in respect of Annexure A & B whereas such powers are delegated to the State Election Commissioner for Annexure C). The above said orders were issued in pursuance of the provisions of sections 3 & 5 of the D.M.C Act, 1957.

General Elections to D.M.C were conducted in 1997 on the basis of Delimitation Order; 1993, Seats reservation order, 1994 and allocation of seats order, 1993. For General Elections held in March, 2002, the Commission took up the matter of reservation of seats by 'rotation' of seats under the provisions of sub-sections (6) and (8) of section 3 of the D.M. C Act, 1957 (as amended) but the Govt. of India, Ministry of Home Affairs (Central Govt.) freezed the order of rotation of seats already made in 1994 and no fresh orders for 2002 elections could be issued.



Annexure 'A'

NOTIF1CATIONON DETERMINATION OF SEATS ETC.
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI
(DEPARTMENT OF URBAN DEVELOPMENT)
The 20th December, 1993
Notification

F. No. 11/12/92UC PtIlI/15117.-In exercise of the power conferred by sub-section (6) of Section 3 of the Delhi Municipal Corporation Act, 1957 (No. 66 of 1957), as amended by the Delhi Municipal Corporation (Amendment) Act, 1993 (No. 67 of 1993), read with the Government of India, Ministry of Home Affairs; Notification No. SO (No. F. 3/6/66-Delhi), dated the 23rd April, 1966, the Lt. Governor of the National Capital Territory of Delhi, on the basis of population of Delhi based on 1991 census, hereby for the elections of the Corporation to be held immediately after the commencement of the Delhi Municipal 4 Corporation (Amendment) Act, 1993 and further that out of such one hundred and thirty four seats, twenty five seats shall be reserved for the members of Scheduled Castes keeping in view the ratio of Scheduled Caste population to the total population of Delhi based on 1991 Census.

By order and in the name of the
Lt. Governor of Delhi,
P. V. JAYAKRISHNAN, .I 6 Secretary
Urban Development.




Annexure 'B'

DELIMITATION ORDER
GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHl
(DEPARTMENT OF URBAN DEVELOPMENT)
The 30th December, 1993
Notification

No. F.ll/45/92LSG/15422.-In exercise of the powers conferred by sub-section (2) of Section 5 of the Delhi Municipal Corporation Act, 1957 (Act No. 66 of 1957), as amended by the Delhi Municipal 10 Corporation (Amendment) Act, 1993 (Act No. 67 of1993), read with the Government of India, Ministry of Home Affairs, Notification No. F. 3/6/66-Delhi, dated the 23rd April, 1966, I, P. K. Dave, Administrator of the National Capital Territory of Delhi, hereby determine the number of wards as 134 and also the extent 11 of each of those wards as noted in Table' A' annexed with this Notification.

P.K.DAVE,
Administrator
of the National Capital Territory of Delhi.
F.ll/45/92-LSG

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