Chapter XI GENERAL PROVISIONS REGARDING ELECTIONS

POWERS OF THE STATE ELECTION COMMISSION.—

1. (1) The State Election Commission shall in the performance of its functions under this Act have all the powers of a Civil Court, while trying a suit under the Code of Civil Procedure, 1908 (Central Act 5 of 1908), in respect of the following matters, namely:-
   • (a) summoning and enforcing the attendance of any person and examining him on oath;
   • (b) requiring the discovery and production of any document or other material object producible as evidence;
   • (c) receiving evidence on affidavits;
   • (d) requisitioning any public record or a copy thereof from any court or office;
   • (e) issuing commissions for the examination of witnesses or documents.
2. (2) The State Election Commission shall also have the power to require any person, subject to any privilege which may be claimed by that person under any law for the time being in force, to furnish information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, the subject matter of the inquiry.
3. (3) The State Election Commission shall be deemed to be a civil court and when any such offence, as is described in section 175, section 178, section 179, section 180 or section 228 of the Indian Penal Code (Central Act 45 of 1860), is committed in the view or presence of the Commission, the Commission may after recording the facts constituting the offence and the statement of the accused as provided for in the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), forward the case to a magistrate having jurisdiction to try the same and the magistrate to whom any such case is forwarded shall proceed to hear the complaint against the accused as if the case had been forwarded to him under section 346 of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974).
4. (4) Any proceeding before the Commission shall be deemed to be a judicial proceeding within the meaning of section 193 and section 228 of the Indian Penal Code (Central Act 45 of 1860).
5. (5) Notwithstanding anything contained in this Act or in any other law where the State Election Commission is satisfied, on enquiry that any petition filed before him against any person is frivolous and baseless and not in good faith, the Commission may direct the petitioner to pay such costs for conducting such enquiry by the opposite party.

Statements made by persons to the State Election Commission.— No statement made by a person in course of giving evidence before the State Election Commission shall subject him to, or be used against him in, any civil or criminal proceeding except a prosecution for giving false evidence by such statement: Provided that the statement-

1. (a) is made in reply to a question which he is required by the State Election Commission to answer; or
2. (b) is relevant to the subject matter of the inquiry.

PROCEDURE TO BE FOLLOWED BY THE STATE ELECTION COMMISSION.— The State Election Commission shall have the power to regulate its own procedure, including the fixing of places and times of its sittings and deciding whether to sit in public or in private.

PROTECTION OF ACTION TAKEN IN GOOD FAITH.— No suit, prosecution or other legal proceedings shall lie against the State Election 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 forgoing provisions of this Chapter or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or to the Government or in respect of the publication, by or under the authority of the Commission of any such opinion, paper or proceedings.

EXTENSION OF TIME FOR COMPLETION OF ELECTION.— It shall be competent for the State Election Commission for reason 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 105.

RETURN OR FORFEITURE OF CANDIDATE’S DEPOSIT.—

1. (1) The deposit made under section 109 shall either be returned to the persons making it or his legal representative or be forfeited to the Municipality concerned in accordance with the provisions of this section.
2. (2) Except in cases hereafter mentioned in this section, the deposit shall be returned as soon as practicable after the result of the election is declared.
3. (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. (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 all the candidates.

STAFF TO BE MADE AVAILABLE.— Every department of the Government and every local authority or other authority and every educational institutions including aided schools and private affiliated colleges in the State shall, when so requested by the State Election Commission or the District Election Officer, make available-

1. (a) to the Electoral Registration Officer, such staff as may be necessary for the performance of any duties in connection with the preparation and revision of electoral rolls; or
2. (b) to any Returning Officer such staff as may be necessary for the performance of any duties in connection with an election.

JURISDICTION OF CIVIL COURTS BARRED.— No Civil Court shall have jurisdiction-

1. (a) to entertain or adjudicate upon any question whether any person is or is not entitled to be registered in an electoral roll of a ward in a Municipality; or
2. (b) to entertain any question on the legality of any action taken by or under the authority of an electoral registration officer or of any decision given by any other person appointed under this act for the revision of any such roll; or
3. (c) to entertain any question on the legality of any action Liken or of any decision given by the Returning Officer or by any other person appointed under this Act in connection with an election.

Expenses in connection with elections.— Funds to meet all expenses in connection with the elections including those in relation to the preparation of the electoral rolls therefor shall be met by the Government at the first instance and such expenses shall be reimbursed to the Government by the Municipalities concerned in such manner as may be prescribed.