Vidhi Codex

section 6

Determination of validity of elections; inquiry by Judge; Procedure

The Bombay Primary Education Act, 1947
Education194766 sections
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Statutory text
  1. (1) If the validity of the election of a member of a school board is brought in question by an unsuccessful candidate or by any person qualified to vote at the election, such person may at any time within fifteen days after the date of the declaration of the result of the election, apply to the District Judge of the district within which the election has been or should have been held for the determination of such question.
  2. (2) An enquiry shall thereupon be held by a Judge not below the grade of an Assistant Judge and such Judge may, after enquiry as he deems necessary, pass an order confirming or amending the declared result of the election or setting the election aside. For the purposes of the said enquiry, the said Judge may exercise any of the powers of a civil court, and his decision shall be conclusive. If he sets aside an election, a date shall forthwith be fixed, and the necessary steps taken for holding a fresh election.
  3. (3) All applications received under sub-section (1)—
    • (a) in which the validity of the election of members is in question shall as far as possible, be heard by the same Judge, and
    • (b) in which the validity of the election of the same member is in question shall be heard together.
  4. (4) Notwithstanding anything contained in the Code of Civil Procedure, 1908, the Judge shall not allow
    • (a) any application to be compromised or withdrawn, or
    • (b) any pleadings in the proceedings to be altered or amended, unless he is satisfied that such application, alteration or amendment is bonafide and not collusive. (5)
    • (a) If on holding such enquiry the Judge finds that a candidate has for the purpose of the election committed a corrupt practice within the meaning of sub-section (6), he shall declare the candidate disqualified both for the purposes of that election and of such fresh election as may be held under sub-section (2), and shall set aside the election of such candidate if he has been elected.
    • (b) If, in any case to which clause
    • (a) does not apply, the validity of an election is in dispute between two or more candidates, the Judge shall after a scrutiny and computation of the votes recorded in favour of each such candidate, declare the candidate who is found to have the greatest number of valid votes in his favour to have been duly elected: Provided that for the purpose of such computation no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person, known or unknown, in giving or obtaining it.
  5. (6) A person shall be deemed to have committed a corrupt practice—
    • (a) who, with a view to inducing any voter to give or refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration, or holds out any promise of individual profit or holds out any threat of injury to any person; or
    • (b) who gives, procures or abets the giving of a vote in the name of a voter who is not the person giving such vote; and a corrupt practice shall be deemed to have been committed by a candidate, if it has been committed with his knowledge and consent, or by a person who is acting under the general or special authority of such candidate with reference to the election. Explanation.—The expression “ a promise of individual profit ”—
      • (i) does not include a promise to vote for or against any particular measure which may come before a school board for consideration, but
      • (ii) subject thereto, includes a promise for the benefit of the person himself or any person in whom he is interested.
  6. (7) If the validity of the election is brought in question only on the ground of an irregularity or informality which has not materially affected the result of the election or which has not been corruptly caused, the Judge shall not set aside the election.
  7. (8) If the Judge sets aside an election under clause
    • (a) of sub-section
  8. (5) he may, if he thinks fit, declare any person by whom any corrupt practice has been committed within the meaning of sub-section
  9. (6) to be disqualified from being a member of any school board for a term of years not exceeding five and the decision of the Judge shall be conclusive: Provided that no such declaration shall be made in respect of any person without such person being given an opportunity to show cause why such declaration should not be made:

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