Chapter VIII Chapter VIII

In this Chapter, "Election Tribunal" shall mean,- for the purposes of elections to a Municipality in any district, the Election Tribunal of that district.

(1) If the validity of any election of a member is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration, of the result of the election, file a petition before the Election Tribunal of the district within which the election has been or should have been held and shall, at the same time, deposit Rs. 500 in the Tribunal as security for the cost likely to be incurred: Provided that the validity of such election shall not be called in question in any such petition- (a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll, or (b) on the ground that the name of any person not qualified to vote has been inserted in the electoral roll : Provided further that if only two candidates contested such election, the petitioner may, in addition to calling in question the election of the returned candidate, claim that if the election of the returned candidate is set aside, the other candidate may be declared duly elected. (2) The provisions of the Code of Civil Procedure, 1908, shall apply, as far as may be, in the matter of adjudication of an election petition under sub-section (1).

(1) If the Election Tribunal, after holding such inquiry as it deems fit in respect of an election petition, is satisfied that- (a) a candidate has committed any corrupt practice within the meaning of section 123 of the Representation of the People Act, 1951, or (b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or (c) the result of the election has been vitiated by any offence punishable under any law for the time being inforce. It shall set aside the election of such candidate, if he has been elected, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of fresh election caused by such setting aside : Provided that if the Election Tribunal in setting aside the election holds a candidate guilty of any corrupt practice, it may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years. Explanation- A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the people Act, 1951.

(1) If the election petition is confined to the question of validity of votes cast or counting, the Election Tribunal shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result. (2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the Election Tribunal may, while deciding upon the election petition, declare such candidate duly elected ; (3) If after computation, there be an equality of votes among two or more candidates, the Election Tribunal shall select one among them by drawing lots. (4) If the Election Tribunal is satisfied that no ground exists for setting aside the election or modifying the results thereof, it shall confirm the election.

Save as provided in this Act, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.

If an election is set aside by the Election Tribunal, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.

Where a candidate, who has been elected to be a member is declared by the Election Tribunal to have not been duly elected, no act done by him by virtue of the office of member before such declaration, shall be invalidated by reason of such declaration.

For the purposes of this Act, the electoral offences under Chapter III of Part VII of the Representation of the People Act, 1951, shall be the electoral offences under this Act, and the provisions of Chapter III of Part VII of that Act shall apply to the electoral offences under this Act.