section 32
Election disputes
The Odisha Zilla Parishad Act, 1991General199162 sections6 chapters
Chapter V ELECTION DISPUTES
Statutory text
- (1) No election of a person either as a member or as the Chairperson or Vice-Chairperson of a Parishad held under this Act shall be called in question except by an election petition presented before the District Judge having jurisdiction over the place at which the office of the Parishad is situated.
- (2) For the purposes of sub-section (1), the provisions contained in Chapter VI-A (hereinfter referred to in this section as the said Chapter) of the Orissa Panchayat Samiti Act, 1959 shall mutatis mutandis apply except as hereunder provided:- In the said Chapter,-
- (i) the reference to the expressions "Samiti" and "Election Commissioner" wherever they occur, shall be construed as reference to "Parishad" and "District Judge" respectively;
- (ii) an election petition presented before a District Judge may, either suo motu or on application, be transferred to any Additional District Judge;
- (3) for sub-section
- (3) of section 44-I, the following sub-section shall be substituted, namely:- "(3) In the event of the District judge declaring casual vacancy to have been created, it shall direct the appropriate authority to take steps for filling the vacancy ; and
- (iv) for section 44-c, the following section shall be substituted, namely:- 44-4- Any person aggrieved by an order passed by the District Judge may prefer an appeal before the appropriate court of law exercising civil appellate jurisdiction over the District Judge and in preferring such an appeal the provisions of the Indian Limitation Act, 1908 shall apply.
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