Chapter 3 DISPUTES REGARDING ELECTIONS

In this Chapter, unless the context otherwise requires,—

1. (a) "agent" means any person appointed in writing by a candidate at an election to be his agent for the purposes of his election, with the written consent of such person;
2. (b) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election, and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect, he began to hold himself out as a prospective candidate;
3. (c) "corrupt practice" means any of the practices specified in Schedule II;
4. (d) "costs" means all costs, charges and expenses of, or incidental to, a trial of an election petition;
5. (e) "election" means an election to fill the office of a member;
6. (f) "electoral right" means the right of a person to stand or not to stand as, or to withdraw from being, a candidate or to vote or refrain from voting at an election;
7. (g) "pleader" means any person entitled to appear and plead for another in a civil court, and includes an Advocate.

No election of members shall be called in question except by an election petition presented in accordance with the provisions of this Chapter.

1. (1) A registered practitioner may within a period of thirty days from the date on which the election of a member is notified under sub-section
2. (5) of section 3 and on furnishing the prescribed security in the prescribed manner, present on one or more of the grounds specified in sub-section
3. (1) of section 49 to the prescribed authority an election petition in writing against the election of such member.
4. (2) The election petition shall be deemed to have been presented to the prescribed authority—
   • (a) when it is delivered to the prescribed authority—
     • (i) by the person making the petition, or
     • (ii) by person authorised in writing in this behalf by the person making the petition; or
   • (b) when it is sent by registered post and is delivered to the prescribed authority.

1. (1) An election petition—
   • (a) shall contain a concise statement of the material facts on which the petitioner relies;
   • (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such practice and the date and place of the commission of each such practice; and
   • (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (Act No. V of 1908), for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof.
2. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition.

If the prescribed security is not furnished in the prescribed manner or the petition is not presented within the period specified in section 37, the prescribed authority shall dismiss the petition:

Power of Director to withdraw and transfer petitions The Director may, at any stage after notice to parties and for reasons to be recorded, withdraw any election petition pending before a prescribed authority and transfer it for trial to another prescribed authority; and upon such transfer, that prescribed authority shall proceed with the trial from the stage at which it was withdrawn:

Procedure before prescribed authority

1. (1) Subject to the provisions of this Act and of any rules made thereunder, every election petition shall be tried by the prescribed authority, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 (Act No. V of 1908), to the trial of suits: Provided that the prescribed authority shall have the discretion to refuse for reasons to be recorded to examine any witness or witnesses, if it is of the opinion that their evidence is not material for the decision of the petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings.
2. (2) The provisions of the Indian Evidence Act, 1872 (Act No.

Appearance before prescribed authority Any appearance, application or act before the prescribed authority may be made, or done by the party in person or by a pleader duly appointed to act on his behalf:

Powers of the prescribed authority The prescribed authority shall have the powers which are vested in a Court under the Code of Civil Procedure, 1908 (Act No. V of 1908), when trying a suit in respect of the following matters:—

1. (a) discovery and inspection;
2. (b) enforcing the attendance of witnesses and requiring the deposit of their expenses;
3. (c) examining witnesses on oath;
4. (d) reception of evidence taken on affidavit; and
5. (e) issuing commissions for the examination of witnesses: and may summon and examine suo motu any person whose evidence appears to it to be material; and shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898 (Act No. V of 1898).

Documentary evidence Notwithstanding anything in any enactment to the contrary, no document shall be inadmissible in evidence at the trial of an election petition on the ground that it is not duly stamped or registered.

No witness or other person shall be required to state for whom he has voted at an election.

1. (1) No witness shall be excused from answering any question as to any matter relevant to a matter in issue in the trial of an election petition upon the ground that the answer to such question may criminate or may tend to criminate him, or that it may expose or may tend to expose him to any penalty or forfeiture :
   • (a) a witness who answers truly all questions which he is required to answer shall be entitled to receive a certificate of indemnity from the prescribed authority ; and
   • (b) an answer given by a witness to a question put by or before the prescribed authority shall not, except in the case of any criminal for in respect of the evidence; be admissible in evidence against him in any civil or criminal proceeding.
2. (2) When a certificate of indemnity has been granted to any witness it may be pleaded by him in any court and shall be a full and complete defence to or upon any charge under Chapter IX-A of the Indian Penal Code (Act No. XLV of 1860), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with any election imposed by this Act or any other law.

The reasonable expenses incurred by any person in attending to give evidence may be allowed by the prescribed authority to such person, and shall, unless the prescribed authority otherwise directs, be deemed to be part of the costs.

1. (1) When an election petition has not been dismissed under section 40, the prescribed authority shall inquire into the election petition and at the conclusion of the inquiry shall make an order—
   • (a) dismissing the election petition : or
   • (b) setting aside the election.
2. (2) At the time of making an order under sub-section
3. (1) the prescribed authority shall also make an order—
   • (a) where any charge is made in the petition of any corrupt practice having been committed at the election, recording—
     • (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election and the nature of that corrupt practice ; and
     • (ii) the names of all persons, if any, who have been proved at the trial to have been guilty of any corrupt practice and the nature of that practice ; and
   • (b) fixing the total amount of costs payable, and specifying the persons by and to whom costs shall be paid : Provided that a person who is not a party to the petition shall not be named in the order under sub-clause
     • (ii) of clause
   • (a) unless—
     • (i) he has been given notice to appear before the prescribed authority and to show cause why he should not be so named : and
     • (ii) if he appears in pursuance of the notice, he has been given an opportunity of cross-examining any witness who has already been examined by the prescribed authority and has given evidence against him, of calling evidence in his defence and of being heard.

1. (1) If the prescribed authority is of the opinion—
   • (a) that on the date of his election the elected person was not qualified or was disqualified, to be elected under this Act ; or
   • (b) that any corrupt practice has been committed by the elected person or his agent or by any other person with the consent of the elected person or his agent ; or
   • (c) that any nomination has been improperly rejected ; or
   • (d) that the result of the election, insofar as it concerns the elected person, has been materially affected—
     • (i) by the improper acceptance of any nomination ; or
     • (ii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void ; or
     • (iii) by any non-compliance with the provisions of this Act or of any rules made under this Act ; the prescribed authority shall set aside the election of the elected person.
2. (2) When an election has been set aside under sub-section (1), a fresh election shall be held.

An election petition shall abate only on the death of a sole petitioner or of the survivor of several petitioners.

1. (1) Costs including pleaders' fee shall be in the discretion of the prescribed authority.
2. (2) If in any order as to costs under the provisions of this Chapter there is a direction for payment of costs by any party to any person, such costs shall, if they have not been already paid, be paid in full, or so far as possible, out of the security deposit made by such party under this Chapter, on an application made in writing in that behalf within a period of one year from the date of such order to the Director by the person in whose favour the costs have been awarded.
3. (3) If there is any balance left of the security deposit under this Chapter after payment under sub-section
4. (2) of the costs referred to in that sub-section, such balance, or where no costs have been awarded or no application as aforesaid has been made within the said period of one year, the whole of the said security deposit may, on an application made in that behalf in writing to the Director by the person by whom the security has been deposited or if such person dies after making such deposit, by the legal representative of such person, be returned to the said person or to his legal representatives, as the case may be.

Any order as to costs under the provisions of this Chapter may be produced before the principal civil court within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or business and such court shall execute the order or cause the same to be executed in the same manner and by the same procedure as if it were a decree for the payment of money made by itself in a suit : Provided that where any such costs or any portion thereof may be recovered by an application made under sub-section

1. (2) of section 51, no application shall lie under this section within a period of one year from the date of such order unless it is for the recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-section owing to the insufficiency of the amount of the security deposit referred to in that sub-section.

The corrupt practices specified in Schedule II shall entail disqualification for membership of the Board for a period of five years counting from the date on which the finding of the prescribed authority as to such practice has been given :

Rules

1. (1) The State Government may, by notification and after previous publication, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—
   • (a) the date on which the number of registered practitioners shall be counted under sub-section
3. (4) of section 3 ;
   • (b) the time and place in which, and the manner in which, election shall be held as required by section 4 ;
   • (c) the salary, allowances and other conditions of service of the Registrar and other employees of the Board appointed under section 13 ;
   • (d) the form of register required to be maintained under section 14 ;
   • (f) the amount of fees on payment of which, and the conditions subject to which, a person may get his name entered in Part I or Part II of the Register, under section 15 ;
   • (g) the manner in which appeals against the decision of the Registrar shall be heard and decided by the Board under section 18 and the fees chargeable for such appeals ;
   • (h) fees and allowances payable to the members under section 22 ;
     • (i) the amount of fees payable for the supply of copies under section 24 ;
   • (j) the manner in which moneys received by the Board as fees shall be applied under section 25 ;
   • (k) the amount of security to be furnished and the manner in which it is to be furnished as required by sub-section
4. (1) of section 37 ;
   • (l) the authority to whom election petitions may be presented and by whom such petitions may be inquired into and decided under Chapter III ;
   • (m) the form of affidavit required to accompany the petition under sub-section
5. (1) of section 38 ;
   • (n) any other matter which may be prescribed.
6. (3) Every rule made under this section shall be laid as soon as may be after it is made before each House of the State Legislature while it is in session for a total period of ten days which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the session immediately following both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

1. (1) The Board may, with the previous approval of the State Government, make regulations not inconsistent with this Act or the rules made hereunder for all or any of the following matters, namely :—
   • (a) the time and place at which the Board shall hold its meetings and the manner in which such meeting shall be summoned under section 11 ;
   • (b) any other matter which may be considered necessary for carrying out the purposes of this Act :
2. (2) All regulations shall be published in the Official Gazette.
3. (3) The State Government may by notification cancel any regulation.

The Punjab General Clauses Act, 1898, shall apply for the interpretation of this Act as it applies for the interpretation of a Punjab Act.

1. (1) The East Punjab Ayurvedic and Unani Practitioners Act, 1949 and the Pepsu Ayurvedic and Unani Practitioners Act, 2008 Bk., are hereby repealed : Provided that the repeal shall not affect—
   • (a) the previous operation of the Acts so repealed or anything duly done or suffered thereunder, or
   • (b) any right, privilege, obligation or liability acquired, accrued or incurred under the Acts so repealed, or
   • (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Acts so repealed, or
   • (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid ; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed.
2. (2) Subject to the proviso to sub-section (1), anything done or any action taken (including any appointment or delegation made, notification, order, instruction or direction issued, rule, regulation or form framed), under the Acts repealed by sub-section
3. (1) shall, in so far as it is not inconsistent with this Act, be deemed to have been done or taken under the corresponding provisions of this Act and shall continue to be in force accordingly, unless and until superseded by anything done or any action taken under this Act.

1. (1) As from the commencement of this Act, the two Boards of Ayurvedic and Unani System of Medicine, established and constituted under the East Punjab Ayurvedic and Unani Practitioners Act, 1949, and the Pepsu Ayurvedic and Unani Practitioners' Act, 2008 Bk., shall cease to function.
2. (2) On the Boards so ceasing to function, all assets vesting in them, and all liabilities subsisting against them, on the date of so ceasing shall devolve on the Board.
3. (3) All suits, prosecutions, and other legal proceedings instituted or which might have been instituted by or against any of the Board so ceasing to function immediately before the commencement of this Act may be continued or instituted by or against the Board.
4. (4) The permanent officers and servants of the Boards so ceasing to function shall be either absorbed by the Board in its service on conditions which are not less advantageous to those on which they were serving such Boards immediately before the commencement of this Act or retired or compensated in accordance with the conditions of their service in such manner as the State Government may direct.

If any difficulty arises in giving effect to the provisions of this Act, the State Government may, by notification, make such provisions or give such directions, not being inconsistent with the provisions of this Act, as may appear to it to be necessary or expedient for the removal of the difficulty.