Disputes in respect of election of Councillors

(1) No election of a Councillor may be called in question, except by a petition presented to the District Court by a candidate at the election or by any person entitled to vote at the election, within ten days after the publication of the names of the Councillors in the Official Gazette under section 20, as the case may be. (2) Any such petition— (a) shall contain a concise statement of the material facts on which the petitioner relies, (b) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question, and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908, for the verification of pleadings. (3) A petitioner may claim all or any one of the following declarations, namely:— (a) that the election of all or any of the returned candidates is void; or (b) that the election of all or any of the returned candidates is void and that he himself or any other candidate has been duly elected; or (c) deleted. (4) A petitioner shall join as respondents to his petition— (a) where the petitioner claims a declaration under clause (a) of sub-section (3), the returned candidate or candidates in respect of whom such declaration is claimed; (b) where the petitioner claims a declaration under clause (b) of sub-section (3), all the contesting candidates other than the petitioner; (c) any other candidate against whom allegations of any corrupt or illegal practice are made in the petition; (d) deleted Explanation:— The expression “returned candidate” means a candidate whose name has been published in the Official Gazette under section 20. (5) Such petition shall be inquired into and disposed of by the District Judge or by any Judge not lower in rank than a Civil Judge Senior Division to whom the case or such cases generally may be referred to by the District Judge. (6) All petitions under sub-section (1), in which the validity of the election of the same Councillor elected to represent the same ward is in question shall be heard together. (7) For the trial of such petition, the Judge shall have all the powers of a civil court including powers in respect of the following matters, namely:— (a) discovery and inspection; (b) enforcing the attendance of witnesses, and requiring the deposit of their expenses; (c) compelling the production of documents; (d) examining witnesses on oath; (e) granting adjournments; (f) reception of evidence on affidavit; and (g) issuing commissions for the examination of witnesses; and the Judge may summon and examine suo motu any person whose evidence appears to him to be material. The Judge shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.