In this chapter unless the context otherwise requires –
(a) “electoral right” means the right of a person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate, or to vote or refrain from voting at an election to a Panchayat:
(b) “returned candidate” means a candidate whose name has been published under relevant rule in the Official Gazette as duly elected.
SERIES - I (2015) THE D.&N.H. EXTRAORDINARY GAZETTE (Serial No. 50) Page -38
113. Presentation of petitions:(1) An election petition calling in question any election may be presented on one or more of the grounds specified in sub-rule (1) of rule 125 and rule 126 to the District Judge by any candidate at such election or any elector within fifteen days from, but not earlier than the date of election, of the returned candidate.
Explanation: - In this sub-rule any ‘elector’ means a person who was entitled to vote at the election to which the election petition relates, whether he has voted at such election or not.
(2) Every election petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.
114. Parties of the petition :A petitioner shall make as respondents in his petition –
(a) where the petitioner, in addition to claiming declaration that the election of returned candidate is void, claims a further declaration that he himself or any other candidate has been duly elected, all the contesting candidates other than the petitioner, and where no such further declaration is claimed, all the returned candidates : and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
(c) Returning Officer shall be made one of the respondent in election petition,
115. Contents of petition: (1) An election petition –
(a) shall contain a concise statement of the material facts on which the petitioner relies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges including full facts names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each practice; 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:
Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an Affidavit in Form-24 sworn before a Magistrate of the first class or a Notary or a Commissioner of Oaths in support of all allegation 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.