Powers of prescribed authority to suspend under the Act

Powers of prescribed authority to suspend under the Act (3) The application under sub-section (1) may be presented by any candidate at the election or any elector and shall contain such particulars as may be prescribed; Explanation:- Any person, who filed a nomination paper at the election whether such nomination paper was accepted or rejected, shall be deemed to be a candidate at the election. (4) The authority to whom the application under sub-section (1) is made shall, in the matter of- (i) hearing of the application and the procedure to be followed at such hearing, (ii) setting aside the election or declaring the election to be void or declaring the applicant to be duly elected or any other relief that may be granted to the petitioner have such powers and authority as may be prescribed. (5) Without prejudice to the generality of the powers to be prescribed under sub-section (4) the rules may be provided for summarily hearing and disposal of an application under sub-section (1). (6) Any party aggrieved by an order of the prescribed authority who shall be Assistant Collector (first class)/ Pargana Magistrate of concerned Tehsil/ Pargana upon an application under sub-section (1) may, within thirty days from the date of the order, apply to the District Judge for revision of such order or any one or more on the following grounds; namely : - (a) that the prescribed authority has exercised such jurisdiction not vested in it by law; (b) that the prescribed authority has failed to exercise a such jurisdiction so vested; (c) that the prescribed authority has acted in the exercise of its jurisdiction illegally or with material irregularity. (7) The District Judge may dispose of the application for revision himself or may assign it for disposal to any Additional District Judge, Civil Judge or Additional Civil Judge under his administrative control and may recall it from any such officer or transfer it to any other such officer. (8) The revising authority mentioned in sub-section (7) shall follow such procedure as may be prescribed, and may confirm, vary or rescind the order of the prescribed authority or remand the case to the prescribed authority for re-hearing and pending its decision pass such interim orders as may appear to it to be just and convenient. (9) The decision of the prescribed authority, subject to any order passed by the revising authority under this section, and every decision of the revising authority passed under this section, shall be final. (10) If any question arises that any person is legally elected as a Pramukh, Up-Pramukh or member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat or not or he is eligible to be such Pramukh, Up- Pramukh or Member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat or not then that question shall be referred to Judge which means District Judge and its includes any other subordinate Civil Judge nominated on ad hoc by District Judge under it, in prescribed manner, whose decision shall be binding and final. If Judge decides that any person is not legally elected as a Pramukh, Up-Pramukh or Member of Kshettra Panchayat or Chairman, Vice-Chairman or Member of Zila Panchayat or he is not eligible to be such Pramukh, Up- Pramukh or Member of Kshettra Panchayat or Chairman, Vice -Chairman or Member of Zila Panchayat then he shall not remain as a Pramukh, Up- Pramukh or Member of Kshettra Panchayat or Chairman, Vice -Chairman or Member of Zila Panchayat from the date of such decision. Explanation: Duration fixed for submitting the objection regarding the election of any person in the three tier Panchayat General election, 2019 shall commence from the date of commencement of this Act. (1) The prescribed authority may, within the limits of its jurisdiction by order in writing, prohibit the execution or further execution of a resolution or order passed or made under this or any other enactment by a Zila Panchayat, or committee of a Zila Panchayat, or a joint committee, or servant of a Zila Panchayat or a joint committee, if in its opinion such resolution or order is patently illegal or Ultra virus or inconsistent with any order or direction given by the State Government under this Act or is Of a nature to cause or tend to cause obstruction, annoyance or injury to the public or to any class or body or persons lawfully employed, or danger to human life, health or safety, or a riot or affray and may prohibit the doing or continuance by any person of any act in pursuance of or under cover of such resolution or order. (2) Where an order is made under sub-section (1) a copy thereof, with a statement of the reasons for making it, shall forthwith be forwarded by the prescribed authority to the State Government which may after calling for an explanation from the Zila Panchayat and considering the explanation, if any, made by it, rescind, modify or confirm the order. (3) Where the execution or further execution of a resolution or order is prohibited by an order made under sub-section (2) and continuing in force, it shall be the duty of the Zila Panchayat or the committee of the Zila Panchayat or the joint committee or any officer or servant of the Zila Panchayat, or of the committee of the Zila Panchayat or to the joint Committee, if so required by the authority making the order under the said sub-section, to take any action which it would have been entitled to take, if the resolution or order had never been made or passed, and which is necessary for preventing any person from doing or continuing to do anything under cover of the resolution or order of which the further executions prohibited.