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Section 43: Custody of papers

Co-option of Members Rules, 1974Central Rules · 1971

The ballot box (es), the ballot papers used, unused or rejected duly sealed in packets, the list C-II-B of the President of the registered Singh Sabhas of Delhi, the slips for the draw of lots duly sealed in packets and all other papers relating to the co-option shall be made over to the Election Officer and shall thereafter be kept for diree months by him unless their retention for a longer period is necessary.

PART VI Disputes regarding co-options Interpretations

44. In this part, unless the context otherwise requires-

(a) Omitted

(b) 'Costs' means all costs, charges and expenses Qf, or, incidental to, a trial of an election Petition.

(c) 'Court* means the court of the District Judge of Delhi.

(d) 'electoral right* means the right of an elected member to vote or refrain from voting at a cooption;.

(e) Omitted

(f) "High court" means the High court of Delhi.

(g) 'Pleader means any person entitled to appear and plead for another in a civil court and includes an advocate, a Vakil and an Attorney of a High court.

(h) Omitted

45. Omitted

46. Additional contents of petition -(1) Where the petitioner alleges any corrupt practice, such petition aboil, in addition to complyins with the provisinnx i f ^fv-iion 15 of Delhi Municipal Corporation Act. 1957 .also set forth full particulars of that corrupt practice including as full statements as possible of the names of <be parties alleged to have committed such corrupt practice and the date and place of the commission of each corrupt practice and shall also be accompanied by an affidavit in the prescribed form in support of such corrupt practice and the particulars thereof.

(2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the • same manner as the petition.

22 DELHI GAZETTE EXTRAORDINARY | PARI IV

47. Omitted

48. Petition to be dismissed- if the provisions of rule 46 or rule 60 are not complied with, the court shall dismiss the election petition.

Provided that the petition shall not be dismissed without giving the petitioner an opportunity of being heard.

49. Procedure before the court- (1) As soon as the court receives the petition, it shall serve on each respondent a notice in such form as it thinks fit directing the respondents) to appear before the court and answer the claim made in the petition on a day to be specified therein.

(2) Any person entered in list in Form C-1I in case of petition filed against the co-option under rule 10

(3) and any person nominated for co-option under rule 12 (5) who is not already respondent shall upon an application made by him to the court within fourteen days from the date fixed for the respondents to appear and subject to the provisions of rule 60, be entitled to be joined as a respondent

Where this provision sits

ActCo-option of Members Rules, 1974
Section43
Marginal noteCustody of papers
JurisdictionCentral
StatusIn force as published by the source

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