Amendment status not verified — confirm the current text below against the official source.
The Administrator may, by rules , provide for the following matters, namely:- (a) staff of the Ombudsman; (b) terms and conditions of service of the Ombudsman and Ombudsman 's staff; (c) the manner of filing complaints before the Ombudsman and the manner of filing such complaints either suo mots or on reference by Administration; (d) powers and functions of Ombudsman; (e) the manner and procedure of conducting investigation by the Ombudsman; (1) procedure for moving the appropriate authority for the initiation of prosecution by the Ombudsman; (g) procedure to be followed during the inquiry by the Ombudsman , which as far as possible should be summary proceedings; (h) the manner of implementing the order of the Ombudsman and further proceedings; Establishment and appointmcnt of Ombudsman. Procedures to be prescribed. - 29 - EXTRAORDINARY No. : ^2 DATED : 17TH AUGUST, 2012. (r) any other matter, which the Administrator may deem necessary for the prnper discharging of the duties of the Ombudsman. CHAPTER X MISCELLANEOUS Election 103. (1 ) If the validity of any election of a member of a Gram Panchayat or District petitions . Panchayat or Sarpanch, Upa-Sarpanch, President or Vice-President is called into question by any person qualified to vote at the election to which such question relates, such person may at any time within thirty days after the date ofthe declaration ofthe results ofthe election, file petition to the District Judge in such form as maybe prescribed for the determination of such question. (2) Every petition under sub-section (1) shall be heard as expeditiously as possible and endeavour shall be made to conclude the hearing and orders passed within six months from the date on which the petition is presented to the District Judge. Procedure for 104. ( 1) Save as otherwise provided by this Regulation or by rules made thereunder, hearing of the procedure provided in the Code ofCivil Procedure, 1909, in regard to suits shall, in so far 5 of 1908. election as it may be applicable , be followed in the hearin of election petitions . g petitions by the District Judge: Provided that- (a) two or more persons whose election is called in question, may be made respondents to the same petition and their cases may be tried at the same time, and any two or more election petitions may be heard together ; but so far as is consistent with such joint trial or hearing, the petition shall be deemed to be a separate petition against each respondent; (b) the District Judge shall not be required to record or have recorded the evidence in full, but shall make a memorandum of the evidence sufficient in his opinion for the purpose of deciding the case; (c) the District Judge may, at any stage of the proceedings require the petitioner to give security for the payment of all costs incurred or likely to be incurred by any respondent; and (d) the District Judge, for the purpose of deciding any issue, shall only be bound to require the production of or to receive so much evidence , oral or documentary, as he may consider necessary. (2) An order for the payment of costs , or an order for the realisation of a security bond for costs passed by the District Judge , shall be executed in the manner as if the amount to be recovered was an arrear of land revenue. Findings of 105. (1) If the District Judge, after making such inquiry as he thinks necessary, finds District Judge . in respect of any person whose election is called in question by a petition that his election was valid, the petition shall be dismissed against such person with cost. (2) If the District Judge , fords that the election of any person was invalid , he shall, by an order, either- (a) declare a casual vacancy to have arisen, or (b) declare another candidate to have been duly elected, whichever course appears, in the particular circumstances ofthe case, to be more appropriate, and in either case the District Judge may award costs at his discretion. (3) In the event of the District Judge declaring a casual vacancy to have arisen , he shall send a copy of the order referred to in clause (a) of sub-section (2) to the Election Commission to initiate proceedings for filling the vacancy. Avoidance of 106. (1) Notwithstanding anything contained in section 103, if the District Judge, in election. the course of hearing an election petition , is of the opinion that the evidence discloses that corrupt practices at the election proceedings in question , have prevailed to such an extent as - 30 - EXTRAORDINARY No. : 32 DATED : 17TH AUGUST, 2012. 43 of 1951. to render it advisable to set aside the whole of the election proceedings , he shall pass a conditional order to this effect and give notice thereof to every candidate declared elected who has not already been made a party to the case , calling upon such candidate to show cause why such conditional order should not be made final. (2) Thereupon every such candidate may appear and show cause , and may recall for the purpose of putting question to him, any witness who had appeared in the case. (3) The District Judge shall thereafter either cancel the conditional order or make it absolute in which case he shall direct the Election Commission to take measures for holding fresh election proceedings.