(1) an election petition :-
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(c) shall, with sufficient particulars, set forth the ground or grounds on which the election is called in question; and
(c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908), for the verification of pleadings.
(2) Subject to the provisions of sub-rule (3) if the Tribunal is of opinion :-
(a) that on the date of his election a returned candidate was not qualified or was disqualified, to be chosen as such under this Act, or
(b) that any corrupt practice has been committed by a returned candidate or his agent or by any other person with the consent of a returned candidate or his agents, or
(c) that any nomination paper has been improperly rejected, or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected :-
(i) by the improper acceptance of any nomination, or
(ii) by any corrupt practice 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 reception of any vote which is void, or
(iv) by the non-compliance with the provisions of the Act or of any rules or orders made thereunder.
the Tribunal shall declare the election of the returned candidate to be void.
(3) If in the opinion of the Tribunal, a returned candidate has been guilty by an agent of any corrupt practice, but the Tribunal is satisfied :-
(a) that no such corrupt practice was committed at the election by the candidate, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate;
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(b) that the candidate took all reasonable means for preventing the Commission of corrupt practices at the election; and
(c) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents.
then, the Tribunal may decide that the election of the returned candidate is not void.
49-A.** Procedure before the Election Tribunal :- (1) Subject to the provisions of this Act and of the rules made thereunder, every election petition shall be tried by the Election Tribunal, as nearly as may be, in accordance with the procedure contained in the Code of Civil Procedure, 1908 (Central Act 5 of 1908) to the trial of suits :
** In corporated,--vide amendement Notification No. 843-UTFII(8)-96/3217, dated 7th March, 1996.
Provided that the Election Tribunal shall have the discretion to refuse, for reasons to be recorded, in writing, to examine any witness or witnesses, if it is of the opinion that the evidence of such witness or witnesses is not material for the decision of the election petition or that the party tendering such witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings of the election petition.
(2) The provisions of the Indian Evidence Act, 1872 (Central Act 1 of 1872) shall, subject to the provisions of this Act, be deemed to apply in all respects to the trial of an election petition.
49-B. Decision of the Election Tribunal :- At the conclusion of the trial of an election petition, the Election Tribunal may make an order for - -
(a) dismissing the election petition; or
(b) declaring the election of all or any of the returned candidates to be void; or
(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.
49-C. Other orders to be made by the Election Tribunal :- (1) Where any charge is made in the petition of any corrupt practice having been committed at the election, the Election Tribunal shall also make an order at the time of making an order under rule 49-B indicating, - -
(i) Whether any corrupt practice has or has not been proved to have been committed at the election, and the nature of that corrupt practice ;
(ii) the names of all persons, who have been proved at the trial to have been guilty of any corrupt practice; and
(iii) the total amount of costs payable and specifying the persons by whom these costs shall be paid and the persons to whom these costs shall be paid:
Provided that a person who is not a party to the petition, shall not be named in the order under sub-clause (ii) unless, - -
(a) he has been given notice to appear before the Election Tribunal and to show cause why he should not be so named; and 18
(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 Election Tribunal and has given evidence against him, of calling evidence in his defence and of being heard.
49-D Grounds for declaring election to be void:- (1) Subject to the provisions of sub-rule (2), if the Election Tribunal is of the opinion, - -
(a) that on the date of his election, a returned candidate was not qualified, or was disqualified to be chosen to fill the seat under the Constitution of India or under these rules; or
(b) that any corrupt practice has been committed by a returned candidate or his election agent or by other person with the consent of a returned candidate or his election agent; or
(c) that any nomination has been improperly rejected; or
(d) that the result of the election, in so far as it concerns a returned candidate, has been materially affected, -
(i) by the improper acceptance of any nomination ; or
(ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than this election agent; or
(iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void; or
(iv) by any non-compliance with the provisions of the Constitution of India or of this Act or of any rules or orders made under this Act;
the Election Tribunal shall declare the election of the returned candidate to be void.
(2) If in the opinion of the Election Tribunal, a returned candidate has been guilty by an agent, other than his election agent, of any corrupt practice, but the Election Tribunal is satisfied :-
(a) that no such corrupt practice was committed at the election by the candidate or his election agent, and every such corrupt practice was committed contrary to the orders, and without the consent of the candidate or his election agent;
(b) that the candidate and his election agent took all reasonable means for preventing the Commission of corrupt practice at the election; and
(c) that in all other respects, the election was free from any corrupt practice on the part of the candidate or any of his agent;
then the Election Tribunal may decide that the election of the returned candidate is not void.
49-E. Grounds for which a candidate other than the returned candidate may be declared to have been elected :- If any person who has filed an election petition has in addition to calling in question the election of the returned candidate, claimed a declaration that he himself or any other candidate has been duly elected and the Election Tribunal is of the opinion :-
(a) that in fact the petitioner or such other candidate received a majority of the valid votes ; or 19
(b) that but for the votes obtained by the returned candidate by corrupt practices, the petitioner or such other candidate would have obtained a majority of the valid votes;
the Election Tribunal shall, after declaring the election of the returned candidate to be void, declare the petitioner or such other candidate, as the case may be, to have been duly elected.
49-F. Procedure in case of an 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 and that the addition of a vote would entitle any of those candidates to be declared elected, then, -
(a) any decision made by the Returning Officer under the provisions of this Act shall in so far as it determines the question between these candidates, be effective also for the purposes of the final decision of the election petition; and
(b) if that question is not determined by such a decision, the Election Tribunal shall decide between them by lot and proceed as if the one on whom the lot then falls, has received an additional vote.
49-G. Communication of orders of the Tribunal :- The Election Tribunal shall, as soon as may be, after the conclusion of the trial of an election petition, intimate the substance of the decision to the Election Commission and as soon as may be thereafter, shall forward to the Election Commission an authenticated copy of the decision.
49-H. Transmission of order to the prescribed authority etc. and its publication :- As soon as may be, after the receipt of any order made by the Election Tribunal under rule 49-B or 49-C, the Election Commission shall forward copies of the order to the prescribed authority and shall cause the order to be published in the Official Gazette.
49-I. Effect of orders of the Tribunal :- (1) Subject to the provisions contained in rule 49-K relating to the stay of operation of an order of the Election tribunal, every such order shall take effect as soon as it is pronounced by the Election Tribunal.
(2) Where by an order under rule 49-B, the election of a returned candidate is declared to be void, acts and proceedings in which that candidate has, participated as a member of a panchayat or a Municipality before the date of such declaration shall not be invalidated by reasons of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.
49-J. Appeal to High Court :- (1) Notwithstanding anything contained in any other law for the time being in force, an appeal shall lie to the High Court on any question whether it pertains to law or fact from every order made by an Election Tribunal under rule 49-B or rule 49-C.
(2) An appeal under sub-rule (1) above shall be preferred, within a period or thirty days from the date of the order of the Election Tribunal passed under rule 49-B or rule 49-C :
Provided that the High Court may entertain an appeal after the expiry of the said period of thirty days, if it is satisfied that the appellant had sufficient cause for not preferring the appeal within such period.
20 49-K. Application for stay of operation of order :- (1) An application may be made to the Election Tribunal for stay of operation of an order made by it under rule 49-B or rule 49-C before the expiry of the period allowed for appealing therefrom and the Election Tribunal may, on sufficient cause being shown and on such terms and conditions, as it may think fit, stay the operation of the order, but no application for stay shall be made to the Election Tribunal after an appeal has been preferred to the High Court.
(2) Where an appeal has been preferred against an order made under rule 49-B or rule 49-C, the High Court may, on sufficient cause being shown and on such terms and conditions, as it may think fit, stay the operation of the order appealed from.
(3) When the operation of an order is stayed by the Election Tribunal or, as the case may be, by the High Court, the order shall be deemed never to have taken effect under sub-rule (1) of rule 49-I and a copy of the stay order shall immediately be sent by the Election Tribunal or, as the case may be, by the High Court, to the Election Commission.
49-L. Procedure in appeal :- (1) Subject to the provisions of these rules, every appeal against any order of the Election Tribunal, shall be heard and decided by the High Court as nearly as may be in accordance with the procedure applicable to the hearing and decision of an appeal from any final order passed by a court subordinate to the High Court in the exercise of its original civil jurisdiction and all the provisions of the Code of Civil Procedure, 1908 (Central Act 5 of 1908) and Rules and Orders of the High Court (including provisions as to the furnishing of security and the execution of any order of the court), shall so far as may be, apply in relation to such appeal.
(2) As soon as an appeal is decided the High Court shall intimate the substance of the decision to the Election Commission and as soon as may be thereafter, shall send to the Election Commission an authenticated copy of the decision.
(3) On the receipt of the decision, the Election Commission shall :-
(a) forward copies, thereof to the authorities to which copies of the order of the Election Tribunal were forwarded under rule 49-C; and
(b) Cause the decision to be published in the Official Gazette.
49-M. Payment of costs out of security deposits and return of such deposits :- (1) If in any order as to costs under the provisions of rule 50, there is a direction for payment of costs by any party to any person, such costs shall, if these have not already been paid, be paid in full, or so far as possible, out of the security deposits and the further security deposit, if any, made by such party under rule 50 on an application made in writing in that behalf, within a period of one year from the date of such order, to the Election Tribunal by the person in whose favour the costs have been awarded.
(2) If there is any balance of the security deposits referred to in sub-rule (1), is left after making payment of the costs referred to in that sub-rule, such balance or where no costs have been awarded or no application, as aforesaid has been made within the said period of one year, the whole of the said security deposits, may, on an application made in that behalf in writing to the Election Tribunal by the person by whom the deposits have been made, or if such person dies after making such deposits by the legal representative of such person, be returned to the said person or to his legal representative, as the case may be.
49-N. Execution of orders as to costs :- Any order as to costs under the provisions of these rules may be produced before a court of original jurisdiction within the local limits of whose jurisdiction any person directed by such order to pay any sum of money has a place of residence or of business, and such court shall execute the order or cause the same to the executed in the same manner and by the same procedure, as if it were a decree for the payment of money made by itself in a suit :
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Provided that where any such costs or any portion thereof can be recovered by an application made under sub-rule (1) of rule 49-M, no application shall lie under this rule within a period of one year from the date of such order unless it is for any recovery of the balance of any costs which has been left unrealised after an application has been made under that sub-rule owing to the insufficiency of the amount of security deposits referred to in that sub-rule.