[8A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal
Pradesh, Assam, Manipur or Nagaland.—
(1) If the President is satisfied that the situation and the
conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur or Nagaland are conducive
for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under
the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and
provide for the conduct of delimitation exercise in the State by the Election Commission.
(2) As soon as may be after the deferment order in respect of a State is rescinded under
sub-section
(1), the Election Commission may, by order, determine—
1. Subs. by Act 10 of 2008, s. 4, for sub-section
(1) (w.e.f. 16-4-2008).
2. Ins. by Act 88 of 1976, s. 4 (w.e.f. 2-9-1976).
3. Subs. by Act 10 of 2008, s. 4, for certain words (w.e.f. 16-4-2008).
4. Ins. by s. 5, ibid. (w.e.f. 16-4-2008).
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(a) the parliamentary constituencies into which such State to which more than one seat is
allotted in the First Schedule shall be divided;
(b) the extent of each constituency; and
(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.
(3) As soon as may be after the deferment order in respect of a State is rescinded under
sub-section
(1), the Election Commission may, by order, determine—
(a) the assembly constituencies into which such State shall be divided for the purpose of
elections to the Legislative Assembly of that State;
(b) the extent of each constituency; and
(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.
(4) Subject to the provisions of sub-section
(1), the Election Commission shall, having regard to
the provisions of the Constitution and the principles specified in clauses
(c) and
(d) of sub-section
(1)
of section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly
constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall
be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.
(5) The Election Commission shall,—
(a) publish its proposals under sub-sections
(2),
(3) and
(4) with respect to any State in the
Official Gazette and also in such other manner as it thinks fit;
(b) specify a date on or after which the proposals will be further considered by it;
(c) consider all objections and suggestions which may have been received by it before the
date so specified;
(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public
sittings at such place or places in such State as it thinks fit;
(e) after considering all objections and suggestions which may have been received by it before
the date so specified, determine, by order, the delimitation of parliamentary and assembly
constituencies in the State and also the constituency or constituencies in which seats shall be
reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be
published in the Official Gazette; and, upon such publication, the order shall have the force of law
and shall not be called in question in any court and the Delimitation of Parliamentary and
Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.
(6) Every order made under sub-sections
(1) and
(2) and clause
(e) of sub-section
(5) shall be laid
before each House of Parliament.
(7) Every order made under sub-sections
(1) and
(3) and clause
(e) of sub-section
(5) shall, as
soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of
the State concerned.]
