Amendment status not verified — confirm the current text below against the official source.
Election Petitions.- (1) No election or nomination under this Act shall be called into question except by a petition presented in accordance with the provisions of this section. (2) Such petition may be presented on one or more of the grounds specified in section 441-B. (a) by any candidate at such election or nomination; or (b) (i) in the case of an election of a Councillor, by any voter of the ward concerned; (ii) in the case of nomination of a Councillor, by any Councillor, (iii) in the case of election of Mayor, by any voter of the Municipal area to the Principal Civil Court of original jurisdiction (hereinafter referred as the Court) within the local limits of whose jurisdiction the election or nomination was held. (3) No petition presented under sub-section (2) shall be admitted unless- (i) it is presented within thirty days from the date on which the result of such election or nomination was notified in the Gazette; and (ii) it is accompanied by the Government Treasury receipt showing a deposit of two hundred and fifty rupees. (4) a petitioner shall join as respondents to his petition- (a) where the petitioner, in addition to claming a declaration that the election or nomination as the case may be, of all or any of the returned candidates is void, claims a further declaration that he himself or any other candidates has been duly elected or nominated all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates; (b) any other candidate against whom allegations of any corrupt practices are made in the petition. (5) An election petition shall- (a) contain a concise statement of the material facts on which the petitioner relies; (b) with sufficient particulars, set forth the ground or grounds on which the election or nomination is called in question; (c) be signed by the petitioner and verified in the manner prescribed in the Code of Civil Procedure, 1908 (V of 1908), for the verification of pleadings. 441-A. Relief that may be claimed by the petitioner.- A petitioner may claim- (a) a declaration that the election or nomination of all or any of the returned candidates is void; and (b) in addition there to, a further declaration that he himself or any other candidates has been duly elected or nominated. (2) The expression ―returned candidate‖ means a candidate whose name is notified in the Gazette under section 22. Madhya Pradesh Municipal Corporation Act, 1956 189 | P a g e 441-B Grounds for declaring elections or nomination to be void.- (1) Subject to the provisions of sub-section (2), if the Court is of the opinion- (a) that on the date of his election or nomination a returned candidate was not qualified or was disqualified, to be chosen as a Mayor or a Councillor; or (b) that any corrupt practice has been committed by a returned candidate or his agent; or (c) that any nomination paper has been improperly rejected; or (d) that the result of the election, or nomination in so far as it concerns a returned candidate has been materially affected- (i) by the improper acceptance of any nomination; or (ii) by a corrupt practice having been committed in the interest of the returned candidate by a person other than that candidate or his agent or a person acting with the consent of such candidate or agent; or (iii) by the improper acceptance or refusal of any vote or rejection of any vote which is void; or (iv) by the non-compliance with the provisions of this Act or of any rules or orders-made there under save the rules framed under section 14 in so far as they relate to preparation and revision of list of voters; the Court shall declare the election of the returned candidate to be void. (2) If the opinion of the Court a returned candidate has been guilty by an agent of any corrupt practice, but the Court is satisfied- (a) that no such corrupt practice was committed at the election or nomination by the candidate, and every such corrupt practice was committed contrary to the instructions, and without the consent of the candidate; (b) that the candidate took all reasonable means for preventing the commission of corrupt practices at the election or nomination; and (c) that in all other respect the election or nomination was free from any corrupt practice on the part of the candidate or any of his agents; then, the Court may decide that the election or nomination or the returned candidate is not void. 441-C. Procedure to be followed in disposal of election petition.- An election petition shall be enquired into an disposed of according to such summary procedure as may be prescribed by rules made under this Act. 441-D. Decision of Election Petition.- (1) At the conclusion of the trial of an election petition, the Court shall make an order- (a) dismissing the election petition; or (b) declaring the election or nomination of all or any of the returned candidates to be void; or (c) declaring the election or nomination of all or any of the returned candidates to be void and the petitioner and any other candidate to have duly elected or nominated. (2) If any person who has filed an election petition has, in addition to calling in question the election or nomination of the returned candidate, claimed declaration, that he himself or any other candidate has been duly elected or nominated and the Court is o0f opinion- (a) that in fact the petitioner or such other candidate received a majority of the valid votes; or Madhya Pradesh Municipal Corporation Act, 1956 190 | P a g e (b) that but for the votes obtained by the returned candidate the petitioner or such other candidate would have obtained a majority of the valid votes; the Court shall, after declaring the election or nomination of the returned candidate to be void , declare the petitioner or such other candidate, as the case may be , to have been duly elected or nominated. (3) At the time of making an order under this section, the Court shall also make an order- (a) where any charge is made in the petition of any corrupt practice having been committed at the election or nomination recording- (i) a finding whether any corrupt practice has or has not been proved to have been committed at the election or nomination and the nature of that corrupt practice; and (ii) the name 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 person by and to whom costs shall be paid: Provided that a person who is not an party to the petition shall not be named in the order under sub-clause (ii) of clause (a) unless- (a) he has been given notice to appear before the Court and show cause why he should not be so named ; and (b) 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 Court and has given evidence against him, of calling evidence in his defence and of being heard. 441-E. Procedure in case of equality of votes.- If during the trial of an election petition it appears that there is an equality of votes between any candidate at the election or nomination and that an addition of a vote would entitle any of those candidates to be declared elected or nominated then, the court shall decide between them by lot and proceed as if the one for whom the lot falls had received an additional vote. 441-F. Finality of decisions.- (a) no appeal shall lie against the decision of the Court on the petition. (2) Any person aggrieved by the decision of the Court on the petition may within thirty days from the date of such decision apply to the High Court for revision on any of the following grounds:- (a) that the decision is contrary to law; (b) that the Court has exercised jurisdiction not vested in it by law or has failed to exercise a jurisdiction vested in it by law; but subject to such orders as the High Court may pass thereon, such decision shall be final. 441.G . Disqualification arising out of corrupt practices.- If any person, after the commencement of this Act, is, upon the trial of an election petition there under, found guilty of any corrupt practice, he shall, for a period of five years from the date on which such finding takes effect, be disqualified for voting at any election. Provided that the State Government may, by notification, remove the disqualification incurred under this section with effect from such date as may be specified therein. Madhya Pradesh Municipal Corporation Act, 1956 191 | P a g e 441-H.Corrupt practices.- The following shall be deemed to be corrupt practices for the purposes of this Act:- (i) Bribery as defined in clause (1) of section 123 of the Representation of the People Act, 1951 (43 of 1951). (ii) Undue influence as defined in clause (2) of the said section. (iii) The systematic appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent, to vote or refrain from voting on grounds of caste, race, community or religion or the use of, or appeal to, religious symbols or, the use of, or appeal to national symbols such as the national flag or the national emblem for the furtherance of the prospects of that candidate‘s election. (iv) The publication by a candidate or his agent or by any other person with the consent of a candidate or his election agent of any statement of fact which is false, and which he either believes to be false, or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate‘s election. (v) The hiring or procuring whether on payment or otherwise of any vehicle or vessel by a candidate or his agent or by any other person with the consent of a candidate or his election agent for the conveyance of any elector (other than the candidate himself, the members of his family or his agent) to or from any polling station provided in accordance with the rules made under this Act: Provided that the hiring of a vehicle or vessel by an elector or by several electors at their joint costs for the purpose of conveying him or them to or from any such polling station shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled by mechanical power: Provided further that the use of any public transport vehicle or vessel or any tram car or railway carriage by an elector at his own cost for purpose of going to or coming for any such polling station shall not be deemed to be a corrupt practice under this clause. Explanation.- In this clause the expression ‗vehicle‘ means any vehicle used or capable of being used for the purpose of road transport whether propelled by mechanical power or otherwise and whether used for drawing other vehicles or otherwise. (vi) The holding of any meeting in which intoxicating liquors are served. (vii) The issuing of any circular, play card or poster having a reference to the election which does not bear the name and address of the printer and publisher thereof. (vii-a) The incurring or authorizing of election expenditure in excess of the amount prescribed under section 14-A. (viii) Any other practice which the State Government may prescribe by rules to be corrupt practice. Madhya Pradesh Municipal Corporation Act, 1956 192 | P a g e PART XIII Chapter XL TRANSITORY PROVISIONS