GUWAHATI, June 24 � The GMC election held recently seems to have violated certain sections of the Assam Nagara Raj Act, 2007, said noted social worker Benudhar Barooah.
In a statement here, Barooah said, as per Section 3 (b), �the territorial extent of each area, which shall necessarily be of the Act, include the entire geographical territory in which all persons mentioned in the electoral roll of any polling booth, in such territory or if the government so decides two or more contiguous polling booths (not exceeding five such polling booths) in such territory, are ordinary residents� and as per Section 4 of the said Act there shall be an Area Representative for each Area.
But in the GMC election held recently, voters have been asked to elect their Area Sabha Representative to represent only 6 to 13 booths or so.
Again a person, who is not a registered voter of certain area and is not a ordinarily resident of that area, has been allowed to contest as Area Sabha Representative which is violative of Section 2(b), 5(i) and 8 of the Assam Nagara Raj Act, 2007.
As per section 2(b), �Area Sabha means in relation to an area, the body of all the persons registered in the electoral rolls pertaining to every polling booth in the Area, in the Corporation or Municipality�. Hence, the Area Sabha Representative, who is not a registered voter of that area, cannot seat in the meeting of the Area Sabha being not a registered voter of the Area, the statement said.
As per section 5(i), any registered voter in an area may file his nomination for office of Area Sabha Representative unless he is disqualified for being chosen as an Area Sabha Representative.
So, if he is not a registered voter of an area, he cannot file his nomination paper for Area Sabha Representative of that area, the statement argued.
Again as per Section 8 of the said Act, �Provided further more, no person shall be entitled or continue to be entitled to hold office as an Area Sabha Representative of an area in which he is not an ordinary resident.� Therefore, the person who is not an ordinary resident of the area, if elected as an Area Sabha Representative, will not be entitled to hold office from the date of declaration of election result. So, what is the meaning of declaring him elected, Barooah said. The voters of Guwahati deserve a clarification from the Assam Election Commission on the above points, Barooah added.