(1) If the validity of any election of a member is called in question by any person qualified to vote at such election, such person may, at any time within ten days immediately after the date of declaration, of the result of the election, file a petition before the Election Tribunal of the district within which the election has been or should have been held and shall, at the same time, deposit five hundred rupees in the Tribunal as security for the cost likely to be incurred:
Provided that the validity of such election shall not be called in question in any such petition-
(a) on the ground that the name of any person qualified to vote has been omitted from the electoral roll, or
(b) on the ground that the name of any person not qualified to vote has been inserted in the electoral roll :
Provided further that if only two candidates contested such election, the petitioner may, in addition to calling in question the election of the returned candidate, claim that if the election of the returned candidate is set aside, the other candidate may be declared duly elected.
(2) The provisions of the Code of Civil Procedure, 1908, shall apply, as far as may be, in the matter of adjudication of an election petition under sub-section (1).
Setting aside of election
77. (I) If the Election Tribunal, after holding such inquiry as it deems fit in respect of an election petition, is satisfied that-
(a) a candidate has committed any corrupt practice within the meaning of section 123 of the Representation of the People Act, 1951, or
(b) the result of the election has been materially affected by any act or omission in violation of the provisions of this Act or the rules made thereunder, or.
(c) the result of the election has been vitiated by any offence punishable under any law for the time being inforce.
It shall set aside the election of such candidate, if he has been elected, and may, if the election is set aside for any cause which is the result of any act of a candidate or his agent, declare that candidate to be disqualified for the purpose of fresh election caused by such setting aside :
Provided that if the Election Tribunal in setting aside the election holds a candidate guilty of any corrupt practice, it may declare such candidate disqualified for contesting an election to a Municipality for a period not exceeding six years.
Explanation- A person shall be deemed to have committed an offence of corrupt practice if he commits an act relating to a corrupt practice within the meaning of section 123 of the Representation of the people Act, 1951.
Scrutiny of votes and declaration of confirmation of result.
78.(1)If the election petition is confined to the question of validity of votes cast or counting, the Election Tribunal shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.
(2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the Election Tribunal may, while deciding upon the election petition, declare such candidate duly elected ;
(3) If after computation, there be an equality of votes among two or more candidates, the Election Tribunal shall select one among them by drawing lots.
(4) If the Election Tribunal is satisfied that no ground exists for setting aside the election or modifying the results thereof, it shall confirm the election.
Bar to jurisdiction of Court.
79. Save as provided in this Act, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.
Fresh election when an election is set aside.
80. If an election is set aside by the Election Tribunal, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.
Saving of acts done by a member before his election if set aside
81. Where a candidate, who has been elected to be a member is declared by the Election Tribunal to have not been duly elected, no act done by him by virtue of the office of member before such declaration, shall be invalidated by reason of such declaration.
Electoral offences for the purposes of the Act.
82. For the purposes of this Act, the electoral offences under Chapter III of Part VII of the Representation of the People Act, 1951, shall be the electoral offences under this Act, and the provisions of Chapter III of Part VII of that Act shall apply to the electoral offences under this Act.
CHAPTER IX Miscellaneous Protection of action taken in good faith
83. No suit, prosecution or other legal proceeding shall lie against the Commission or any person acting under the direction of the Commission in respect of anything which is in good faith done or intended to be done in pursuance of the foregoing provisions of this Act or of any order made thereunder or in respect of the tendering of any opinion by the Commission to the Governor or in respect of the publication by, or under the authority of, the Commission of any such opinion, paper or proceedings.
Casual vacancies
84.(1) When the seat of a member elected to a Municipality becomes vacant or is declared vacant or his election in the to the Municipality is declared void, the Commission Municipality,shall, by notification, call upon the constituency concerned to elect a person for the purpose of filling the vacancy so caused before such date as may be specified in the notification, and the provisions of this Act and the rules and the orders made thereunder shall apply, as far as may be, in relation to the election of a member to fill such vacancy.
(2) A member chosen to fill a casual vacancy shall be chosen to serve for the remainder of his predecessor's term of office.
Extension of time for completion of election
85. Subject to the provisions of the Constitution, it shall be competent for the Commission for reasons which it considers sufficient, to extend the time for the completion,of any election by making necessary amendments in the notification issued by it under section 37.
Return or forfeiture of candidate's deposit.