Presentation of petitions

B.

1. (1) The petition shall be presented on one or more of the grounds specified in section 44-L before the Election Commissioner as specified in sub-section (2) together with a deposit of two hundred rupees as security for costs within fifteen days after the day on which the result of the election was announced: Provided that if the office of the Election Commissioner is closed on the last day of the period of limitation as aforesaid the petition may be presented on the next day on which such office is open: Provided further that if the petitioner satisfies the Election Commissioner that sufficient cause existed for the failure to present the petition within the period aforesaid the Election Commissioner may in his discretion condone such failure: Provided also that in cases where the result of the election was announced prior to the 26th day of January 1961, the aforesaid period of limitation shall be computed from the said date.
2. (2) The Subordinate Judge having jurisdiction over the place at which the office of the Samiti is situated shall be the Election Commissioner.
3. (3) An election petition presented before a Subordinate Judge may either suo motu or on application, be transferred by the District Judge to any other Subordinate Judge subordinate to him.
4. (4) The authority to whom an election petition is so transferred shall be deemed to be the Election Commissioner.
5. (5) No candidate who has been elected to be a member, Chairman or Vice-Chairman of a Samiti shall be debarred from holding office as such member, Chairman or Vice-Chairman merely by reason of any election petition having been filed against him unless his election has been declared void by the Election Commissioner.
6. (6) An Election Commissioner exercising jurisdiction under this Act shall be deemed to exercise such jurisdiction as a persona designata and not in his capacity as a Judge.