Chapter IX Chapter IX

No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Act or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by, or under the authority of, the Commission of any such opinion, paper or proceedings.

(1) When the seat of a member elected to a Municipality becomes vacant or is declared vacant or his election in the to the Municipality is declared void, the Commission Municipality,shall, by notification, call upon the constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and the rules and the orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy. (2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.

Subject to the provisions of the Constitution, it shall be competent for the Commission for reasons which it considers sufficient, to extend the time for the completion,of any election by making necessary amendments in the notification issued by it under section 37.

(1) The deposit made under section 41 shall either be returned to the person making it or his legal representative or be forfeited to the appropriate authority in accordance with the provisions of this section. (2) Except in cases hereinafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared. (3) If the candidate is not shown in the list of contesting candidates or if he dies before the commencement of the poll, the deposit shall be returned as soon as practicable after the publication of the list or after his death, as the case may be. (4) Subject to the provisions of sub-section (3), the deposit shall be forfeited if at an election where a poll has been taken, the candidate is not elected and the number of valid votes polled by him does not exceed one sixth of the total number of valid votes polled by the candidates. (5) Notwithstanding anything contained in sub-sections (2), (3) and (4) if at a election, the candidate is a contesting candidate in more than one constituency,not more than one of the deposits shall be returned, and the others shall be forfeited.

Every local authority in the State shall, when so required by the Commission, make available to any Municipal Returning Officer such staff as may be necessary for the performance of any duties in connection with an election.

Provisions for requisitioning premises and vehicles and payment of compensation therefor, power to obtain information in this regard, powers of entry into and inspection of premises, eviction from requisitioned, premises, release of premises from requisition, delegation of functions of the State Government with regard to requisitioning and penalty for contravention of any order regarding requisitioning shall be such as are provided in sections 162, 163, 164, 165, 166 and 167 of the Representation of the People Act, 1951.

(1) The State Government, may after consulting the Commission make rules for carrying out the purposes of this Act. (2) In particular, and without prejudice to the generality of the foregoing powers, such rules may provide for all or any of the following matters, namely:- (a) the duties of Presiding Officer and Polling Officers at polling stations ; (b) the checking of voters by reference to the electoral roll; (c) the manner in which votes are to be given both generally and in the case of illiterate voter or voters under physical or other disability ; (d) the manner in which votes are to be given by a Presiding Officer, Polling Officer, polling agent or any other person, who being an elector for a constituency is authorized or appointed for duty at a polling station at which he is not entitled to vote. (e) the procedure to be followed in respect of the tender of vote by a person representing himself to be an elector after another person has voted as such elector ; (f) the manner of giving and recording of votes by means of voting machines and the procedure as to voting to be followed at polling stations where such machines are used ; (g) the procedure of counting of votes recorded by a voting machine ; (h) the scrutiny and counting of votes including cases in which a recount of the votes may be made before the declaration of the result of the election ; (i) the safe custody of ballot boxes, voting machines, ballot papers and other election papers, the period for which such papers shall by preserved and the inspection and production of such papers ; (j) any other matter required to be prescribed. (3) Every rule made under this Act shall be laid, as soon as may be after it is made, before the State Legislature, while it is in session, for a total period of fourteen days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, the State Legislature agrees in making any modification in the rule or the State Legislature agrees that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be ; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

No Civil Court shall have jurisdiction to question the legality of any action taken or of any decision given by the Municipal Returning Officer or by any other person appointed under this Act in connection with an election.

If any difficulty arises in giving effect to the provisions of this Act, the State Government in consultation with the Commission, may, as occasion may require, by order, not inconsistent with the provisions of this Act, do or cause to be done anything which may be necessary for removing the difficulty.