The Powers and Functions of the Commissioner Director of Municipal Administration are as detailed below:
- Election Authority for conduct of ordinary and casual election in all Municipalities under the superintendence of State Election Commission.
- According to Section 10(A) of the APM Act, 1965 - the preparation of electoral rolls for, and the conduct of elections to all Municipalities in the State shall be under the superintendence, direction and control of the State Election Commission.
- According to Andhra Pradesh Municipal Council / Nagarpanchayats (conduct of Election) Rules 1965 issued in G.O.Ms.No. 98 M.A., dated. 28.7.65 as amended in G.O.Ms.No.41 MA, dt.3.2.95 "Election Authority" means the authority or authorities appointed by the State Election Commission.
(Rule 3 of the above rules)
- In exercise of the powers vested with the State Election Commissioner under clause (12) of Section 2 of A.P. Municipalities Act, 1965 as amended by Act No. 17 of 1994, the Commissioner and director of Municipal Administration has been appointed as Election Authority to exercise such powers and to perform such functions assigned to him under the provisions of A.P. Municipalities Act, 1965 and rules issued thereunder in connection with the conduct of ordinary elections to the members of Municipal Councils, and Nagarapanchayats and their Chairpersons in Notification No. 49/SEC/94, dated 30.11.194 by the State Election Commission.
- Further in Notification No.690/SEC 98.2, dated 21.05.1998, the State Election Commission has appointed the Commissioner & Director of Municipal Administration as Election Authority to exercise such powers and to perform such functions assigned to him under the provisions of A.P.Municipalities Act 1965 and rules issued thereunder in connection with the conduct of elections to the left over and casual vacancies of Chairpersons and Ward Members as indicated in Annexure-1 of the said Notification.
- The Election Authority may appoint one or more persons who shall be officer or officers of the local authority or the Government as Addl. Election Officer or Assistant Election Officer or Officers to assist the Election Officer in the performance of these functions and every Addl. Election Officer or Assistant Election Officer shall subject to such control of the Election Officer, be competent to perform all or any functions of the Election Officer and the expression Election Officer shall be deemed to include such Assistant Election Officer also.
- Provided that the Assistant Election Officer shall not perform any of the functions which relate to scrutiny of nominations unless the Election Officer is unavoidably prevented from performing the said function. (Explanation and provision to rule 3 of Andhra Pradesh Municipal Councils/ Nagarpanchyats (Conduct of Election) Rules 1965 issued in G.O.Ms.No. 938 MA, dt.28.7.75 as amended in G.O.Ms.No.41 MA, dt.3.2.95)
- Where a Presiding Officer stops a poll under sub rule (1) (a) of A.P. Municipal Councils / Nagarpanchyats (Conduct of Election) Rules 1965 he shall observe the procedure laid down in rule 52 of the said rules and forthwith make a full report of the circumstances to the Election Officer who shall forward the same expeditiously with his remarks thereon, if any to the Election Authority.
- (Rule 50(2) of A.P. Municipal Councils / Nagarpanchyats (Conduct of Election) Rules 1965)
- The Election Authority (Commissioner & Director of Municipal Administration) shall there upon under the direction of the State Election Commissioner, order
- That the poll be continued at the polling stations for the number of hours for which it was not held on the previous occasion provided that not less than 50% of the voters have cast their votes, or
- That the proceedings at the poll held at the polling stations on the previous occasion be ignored and that a fresh poll be held at such polling stations for the full number of hours for which it should have been held on the previous occasion. Any order passed by the Election Authority under this sub rule shall be final.