UPHJS2018-1
Pre. Exam

45. Term of a Municipality constituted under the U.P. Municipalities Act, 1916 is :
(a) Six years from the date of first meeting
(b) Four years from the date of oath
(c) Five years from the date of declaradon of result
(d) None of the above

Answer and Notes Answer is D

Explanation : According to section 10-A of the U.P. Municipalities, Act 1916 every municipality shall, unless sooner dissolved under Section 39, continue for five years from the date appointed for its first meeting and no lonner.

UPHJS2018-1
Pre. Exam

44. If a person votes in more than one ward at a general election of a Municipality, his vote would be :
(a) void in one ward
(b) void in all the wards
(c) valid in one ward of his choice
(d) none of the above

Answer and Notes Answer is B

Explanation : According to section 13-E (3) of the U.P. Municipalities Act, 1916 if any person votes at a general elecuon in more than one ward, his votes in all such wards shall be void.

UPHJS2018-1
Pre. Exam

46. At a general election of a Municipality, a person in lawful custody of Police, other than a preventive detenue :
(a) can cast postal vote
(b) can cast vote with the permission of concerned court
(c) can cast vote with permission of Jail Superintendent
(d) cannot cast vote

Answer and Notes Answer is D

Explanation : According to section 13-E (5) of the U. P. Municipalities Act,
1916 no person shall vote at any election, if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of police.

UPHJS2018-1
Pre. Exam

93. A petition for transfer of election petition filed under U.P. Municipalities Act, 1916 would lie before :
(a) State Government
(b) Prescribed Authority
(c) Commissioner of the Division
(d) High Court if transfer is to a different district and District Judge within
the district

Answer and Notes Answer is D

Explanation : Section 43-BB of U P Municipalities Act, 1916 provides for
transfer of Election Petition.

UPHJS2018-II
Pre. Exam

38. Election petition under the Uttar Pradesh Municipalities Act, 1916 is not maintainable at the instance of :
(a) Unsuccessful Candidate
(b) 20 electors of the Municipality
(c) Person who claims that his nomination was improperly rejected
(d) Any single voter

Answer and Notes Answer is D


Explanation : Refer section 19 of Uttar Pradesh Municipalities Act, 1916

UPHJS2016
Pre. Exam

39. The election of any person as a member of a municipality may be questioned by election petition within :
(a) 7 days (b) 15 days
(c) 30 days (d) 45 days

Answer and Notes Answer is C


Sandeep : According to section 20 of Uttar Pradesh Municipalities Act, 1916 an election petition shall be presented within 30 days after the day of which the result of the election sought to be questioned is announced by the Returning Officer.

UPHJS2014
Pre. Exam

63. Which section of Uttar Pradesh Municipalities Act, 1916 empowers the State Government to dissolve the municipality.
(A) Section 48
(B) Section 31 (A)
(C) Section 30
(D) None of the above

Answer and Notes Answer is C

UPHJS2012
Pre. Exam

93. An elected member of the municipal board can be removed by-
(A) a resolution passed by municipal board by simple majority
(B) a resolution passed by municipal board by 2/3rd majority
(C) an order passed by the State Government
(D) an order passed by the President of the Municipal Board.

Answer and Notes Answer is C



UPHJS2018-II
Pre. Exam

39. The term of the Municipality is :
(a) 5 years from the date oath is taken
(b) 5 years from the date appointed for the first meeting
(c) 5 years from the date of declaration of the election result
(d) 5 years from the date of publication of the result in the official gazette

Answer and Notes Answer is B



Explanation: Section 10A of U.P. Municipality Act provides the term of Municipality, It provides that every municipality shall, unless sooner dissolved under section 39, continue for five years from the date appointed for its first meeting.

UPHJS2016
Pre. Exam

45. A member of Municipality if absents himself at the meeting of Municiaplity for more than three consecutive months or three consecutive meetings, which ever is longer, without obtaining sanction from the Municipality, can be removed under Section 40 by the :
(a) Resolution passed by 2/3rd members of Municipality
(b) Prescribed Authority
(c) District Magistrate
(d) State Government

Answer and Notes Answer is D


Sandeep : According to section 40 (l)(a) of UP. Municipalities Act, 1916 the State Government may remove a member of the Municipality on the ground that he has absented himself from the meetings of the Municipality for more than three consecutive months or three consecutive meetings whichever is the longer period, without obtaining sanction from the Municipality.

UPHJS2018-2
Main Exam

Q.7 A How, when and in what circumstances can the State Government under section 48(2) of the Uttar Pradesh Municipalities Act, seize financial and administrative powers and functions of the President while the proceeding for his removal is pending? Discuss the case law on the point. 20 marks

Answer and Notes

Hafiz Ataullah Ansari and Paras Jain

UPHJS2009
Pre. Exam

36. The President of a Municipal Board on charges can be removed by which amongst the following?
(A) The Municipal Board by simple majority
(B) By the electorate who elected the president by simple majority
(C) By the State Government
(D) By the Commissioner of the Division

Answer and Notes Answer is C

UPHJS2018-II
Pre. Exam

37. An election petition challenging election of Member of a Municipality under the Uttar Pradesh Municipalities Act, 1916 could be transferred for trial by :
(a) State Government (b) High Court
(c) Commissioner of Region concerned (d) Could not be transferred

Answer and Notes Answer is B



Explanation: Section 43BB of UP. Municipalities Act provides for the provision relating to transfer of election petition. It provides that on the application of any party to an election petition presented under sub-section (5) of section 20 and after notice to the other parties and after hearing such of them as desire to be heard, or of its own motion, without such notice, the High Court may at any stage, -
(a) transfer an election petition pending before a District Judge for trial to any other District Judge; or
(b) re-transfer the same for trial to the District Judge from whom it was withdrawn.

UPHJS2016
Pre. Exam

47. A petition for transfer of election petition in UP Municipalities Act 1916 would lie before :
(a) State Government
(b) Prescribed Authority
(c) Commissioner of the Division
(d) High Court, if transfer is to a different district and District Judge within the district.

Answer and Notes Answer is D


Sandeep : Section 43 BB of U.P. Municipalities Act, 1916 deals with the Election petition & transfer of petition respectively, clearly lays down that election petition shall be presented to the District Judge & the power of the High Court to transfer the election petition from one District Judge to another District Judge under provisions of the Act have been made applicable to town areas with regard to the election matter.

UPHJS2016
Pre. Exam

42. A person having direct or indirect share or interest in a contract with, by or on behalf of municipality, other than as a municipal servant, shall be disqualified for being such a servant of municipality and :
(a) office of such municipal servant shall become vacant
(b) shall be deemed to have committed an offence
(c) both (ft) and (b)
(d) None of the above

Answer and Notes Answer is C


Sandeep : As per the provision of section 83 (2) and (3) of UP. Municipalities Act 1916, a municipal servant who shall acquire or continue to have dirccdy or indireedy, himself or his partner a share or interest, whether pecuniaryor of any other nature in any such contract or employment as aforesaid shall cease to be a municipal servant, and his office shall become vacant. Further according to (3) he shall be deemed to have committed on offence under section 168