38. Election Commission to delimit constituencies.—(1) The Election Commission shall, in the
manner herein provided, distribute the seats assigned to the Legislative Assembly under section 3 to
single-member territorial constituencies and delimit them having regard to the following provisions,
namely:—
(a) all constituencies shall, as far as practicable, be delimited in such manner that the ratio
between the population of each of such constituencies and the total population of the Capital is the
same; and
(b) constituencies in which seats are reserved for the Scheduled Castes shall, as far as
practicable, be located in areas where the proportion of their population to the total population is
comparatively large.
(2) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies in the Official Gazette and also in
such other manner as the Commission may consider fit, together with a notice inviting objections and
suggestions in relation to the proposals and specifying a date on or after which the proposals will be
further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after considering all objections and suggestions which may have been received by it before
the date so specified, determine by one or more orders the delimitation of constituencies and cause
such order or orders to be published in the Official Gazette; and upon such publication, the order or
orders shall have the full force of law and shall not be called in question in any court.
39. Power of Election Commission to maintain delimitation orders up-to-date.—The Election
Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistakes in any order made under section 38 or any error arising therein
from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order are or is
altered, make such amendments as appear to it to be necessary or expedient for bringing such order
up-to-date.
40. Elections to the Legislative Assembly.—(1) For the purpose of constituting the Legislative
Assembly, a general election will be held as soon as may be, after the delimitation of all the assembly
constituencies under section 38.
(2) For the purposes of sub-section (1), the Lieutenant Governor shall, by one or more notifications
published in the Official Gazette, call upon all the said assembly constituencies to elect members in
accordance with the provisions of the Representation of the People Act, 1951 (43 of 1951), and of the
rules and orders made or issued thereunder as applicable under sub-section (3).
(3) The Representation of the People Act, 1950 (43 of 1950), the Representation of the People
Act, 1951 (43 of 1951), the rules and orders made or issued under the said Acts and all other laws for the
time being in force relating to elections shall apply with necessary modifications (including modifications
for construing references therein to a State, State Government and Governor as including references to
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the Capital, Government of the Capital and Lieutenant Governor, respectively) to, and in relation to, the
general election referred to in sub-section (1).