17.1 Frequently Asked Question and their answers by public
Q1. What are the functions of State Election Commission?
A. The State Election Commission is responsible for the preparation of Electoral Rolls and the conduct of an election to the Municipal Corporation in Delhi.
Q2. Does the State Election Commission prepare the electoral rolls for the elections?
A. Electoral Rolls for each ward before each General Election is to be prepared by the SEC. However DMC Act provides that if Election Commissioner is satisfied that instead of preparing the Electoral Roll of a ward before General Election, it would be sufficient to adopt the Electoral Roll of the Assembly constituencies as are in force for the time being for the election to a ward.
Q3. Does the State Election Commission make Voter I Card'?
A. No, Voters I Cards are prepared by the Chief Electoral Office Delhi.
Q4. What is the term of Municipal Corporation and when the next election is due?
A. The term of MCD is 5 years from the date of its first meeting and next election should be held before expiry of present term. Next election shall be held before April 7. 2007.
Q5. What is the minimum age of a person for contesting elections to MCD?
A. 21 years.
Q6. Who can contest election to the MCD?
A. A person who has attained the age of 21 years and his name is registered as an elector in the Electoral Roll of a ward and is qualified and also not disqualified for membership of MCD as a Councillor under Sect.9 of DMC Act 1957 as amended till date and Rule 92H of DMC (Election of Councillors) Rules 1970 as updated.
Q7. From where the certified copy of extract of Electoral Roll can be obtained?
A. This can be obtained from the office of the State Election Commission, Kashmere Gate. Delhi.
Q8. What are the essential requirements for a candidate to contest DMC election?
A candidate of a recognized National State Political Party shall he proposed by I person ho should be voter in the same ward from \ he is proposing. In case of independent and other candidates, every candidate has to be proposed by 10 proposes who should be voters in the same ward from which they are proposing.
In case a candidate is contesting from a ward other than his home ward he is required to file a certified copy of electoral roll in which his name is registered as voter.
Every candidate has to file an affidavit at the time of filing of nomination stating therein back ground of his involvement in criminal case/cases, if any, his assets and liabilities and his educational qualifications in the prescribed format. Non filing of such affidavit with the nomination paper or giving false information will be treated as an act and omission of substantial' character and nomination of such candidate Will he liable to be rejected.
A candidate contesting as a General candidate shall deposit a security with the Returning Officer concern at the time of filing nomination to the tune of Rs.3000/- and in case of schedule caste candidate the amount Will be Rs.1500/-. The SC candidate has to sign a declaration about his caste in the nomination paper and also enclose a copy of the SC certificate issued by the competent authority.
The security amount will be refunded to candidates whose nomination paper has been rejected, who have Withdraw within the prescribed time, and those who have polled more then / of the total votes polled.
Other requirements in this context is given in the DMC Rules 1970.
Q9. What is the procedure for sponsoring candidates by National/ State Political Parties?
A. The procedure in this regard is the same as prescribed by the Election Commission of India i.e. the President or the Secretary of the party at the central level will sponsor the name of an office bearer at the State level in form A, a copy of which has to be sent to the Election Commission and the Returning Officer concerned. The State level officer hearer, so authorized will sponsor the candidate of his party for MCD election in form B to be delivered to the Returning Officer concerned by the prescribed date and time with copy to State Election Commissioner. The detailed procedure is also given in the symbol order issued by this Commission at each occasion.
Q10. Whether any dispute during the period of election can he challenged in any court of law in Delhi in respect of MCD election?
A. Once notification for election is issued, an dispute arising out during the period of election can only be challenged by way of filing an election petition within 15 day s from the date of declaration of result of an election, in the court of the Dist. Judge. Delhi.