Amendment status not verified — confirm the current text below against the official source.
(1) No election shall b,· caned in CJUL'.~1tion except by an election petition rrcsentcd in such ma- nner as may be prescribed and befon· such au tho- rity as may be appointed by lbc Government., from time to time, by notification in the O!i!cial GazNte ; Provided that no person bdow ihe rnnk 01 Assistant District Judge, jn c:J.se or rn ernbl~r of Vi- llage Council and District Judge, wilhi;n !he rn~;aning of Article 236 of the Corn'titution, in case or n1cn,lxr of the General Counci l, shail l°'(' ::wp cirtted for the pnrpose. ~ f: ! i ~· ' • 0, 1995 If.'<; VC!·- ,y;ij 01 lectior1 Act m arc elect-· CO LI rt, m ber ~. ~ction emed i! lage .ish ("(i upo.n .Jc ne-- d 11J y mt>- d of ~ Vi- ' da-- : o f he, he the 111 te t l[J tl1 e lion nrn - Jrn- om k ; of Vi- m g bcr th e TH.E t\c'c1\ll!T ("'A/'•''1"!.'l•' ,,,.,<''I'I'A''"'l!''N "I·~ y Q( ~rf '20 100.- 16()5 - - _, ~,,_ '} - .J. -111" _Jl'...! ... ,. _,, l:;.{~ - .\..' \j l \. - .l £ )., ~ ' _.l • J ' . .J.?.J :l ExvlarH"· tiori . r- ---- (2) No election shall be called into question ex- C\_,pt on any one or more of the following grounds, 11:1m!v: · (a) that on the date of his election the retu- rned candidate was not qualified or was disqualified to be cboosen to fill ihe scat iii the Village Council or tht:: General CounciL as the case may be; (b) th~d. corrupt nractice has been commi- tkd hy till; returned candidate or his election agent or by any ol her person' with i·hc consent of the re- tunwd candidate or hi~. election agent. t;'or this purpo_:;e_, sh·1 ll n '"1'1 ·1··1y ·)f· t" · \.....; -.. ~C .... ,,,,(. -~ ;: l \ , ~·Lt\., Spl: ii!(:d in : 1~ction 123 of" of Peoples Ai.:t .l 951. ' t. "' C A 'corr•1pl prat: lCC Neutr4,·11 -~r" ' 0 3 0 corrupt µract 1 c 1~s t 9SJ , · the Representa tion (c) that any nominatwn has !x:cn im properly re- jected :, (d) that the n;sult of the dcc t1on in so far as it concerns the n .. ,tnnJL~d candidate has been mat.criaily <:l ffectcd ·-·· (i) by Lbe unpropt:r acc1.:~pta nce of any no1m .. nation; or (ii) by any s(HTUDl oractJce committed 111 th1.~ intcrcsl oi U1c returned candidate by an agent ()ther tban hi~ dcclion agent; or (iii) by improper rcceptior?, refusal or rejec- tion of any vote; or (1v) by reception of any vote which is void; or (v) by any nrm-cmnpliance with the provisi- ons of this Act or of any rules or order made thereunder. (3) At llk conclusion of trial of any election pr:tition, the authority appr,mted under sub- sect ion ( 1) shall rnake an order--- 1606 TU»: i\S:)AM Gi\ZET'fF l'.::XTHAORDINARY. OCT. 30, 1995 (a) dismissing the election petition; or (b) cLdaring the election of all or any of Lhe returned candidates to be void ; or (c) declaring the election of all or any of the rel urned candidates to be void and the petitioner or any other candidate to have been duly elected. (ti) If a pclitioner, in addition to calling in ques- 1 ion the election of a returned candidate, nw kc a Jec!aration that he hiit1self or any olhcr candidate has been duly elected and the authorjty under sub-section (1) is of the opinion th'.:lt: - (a) in f"act the petitioner or such other candi- date has received the majority votes, or (b) but for the votes obtained by the retur- ned candidate by corrupt practice the netit.ioner or such other candidate would have ohtained the majority of the valid votes, the authority as aforesaid shal\, after declering the election of the returned candidate to be void, declare the petitio- ner or such other candidate, as the case may be, to have been duly elected. Power tn (iO. The Government may, ·by notification in the rnakc r~.1 l (';8 in the Official Gazette make rules to regulate all or rc:·ulatw~, any or the followiwr matters for the purpose of hol- t.hc clecu. ,. • . ·1 b v·11 c ·1 d h 011 of n11:- c:!_'.ng eiect10n tC? t 1e I. ag.e ounc1 s an to t e m bcr ~. t.._1ic~neral Council under this Act :- (a) the designation of the Officer or autho- rity to whom the power to determine the territorial limits of the constituencies under the sub-section (2) of section 48 may be delegated and maintain the ele- ctro! roll under section 50 ; ------------------ ] - ~-.::, ....... ----:-:::::--. ... ... - .. ~-~~· b,,_ , ,, it l ~t THID ASSAM GAZETIE. EXTRAORDINARY OCT. 30, 1995 1607 ---·---·- -- --- (b) the appointment of Returning Officers, ~· , Presiding Officers andf~Polling 'Officers ~~F' for election; ( c ): the! dra wingjup3of fprogramme for election; r,~ (d) the·~nomination of candidates and scru- 1~.;;,_tiny of such nominations ; (eFthei deposits to!be made by the candida- :<:~'tes" and the tinie and manner of making ~!{such deposits ; (f) the withdrawal of candidature ; (g)jthe appointment of agents of candidates; (h) the filling up of casual vacancies ; (i) the general procedure at the election in- cluding the time, place and hours of poll and the methods by which votes shall be cast ; • (j) the fee to be paid on election petition ; (k) any other matter relating to election or election disputes in respect of which the Government deems it necessary to make rules under this section or in respect of which there is no provision in ·this Act or the provision is insufficient and in the opin~o.n of _- the Government adequate prov1s1on is necessary. CHAPTER-VIII FUNDS, AUDIT AND BUDGET. General