(1) No election, 78[ ] of a Councillor may be called in question, except by a petition presented to the District Court by a candidate at the election or by any person entitled to vote at the election, within ten days after the publication of the names of the Councillors in the Official Gazette under section 20 79[ ], as the case may be.
(2) Any such petition—
(a) shall contain a concise statement of the material facts on which the petitioner relies,
(b) shall, with sufficient particulars, set forth the ground or grounds on which the election, 80[ ] 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, for the verification of pleadings.
V of 1908.
(3) A petitioner may claim all or any one of the following declarations, namely:—
(a) that the election of all or any of the returned candidates is void; or 288 74 Substituted by the Amendment Act 13 of 1994.
75 Inserted by the Amendment Act 13 of 1994.
76 Section 21 is omitted by the Amendment Act 7 of 1998.
77 The words “co-option or nomination” omitted by the Amendment Act 7 of 1998.
78 Omitted by Amendment Act 7 of 1998.
79 The words and figure “or section 21” omitted by the Amendment Act 27 of 2002.
80 Omitted by Amendment Act 7 of 1998.
Manual of Goa Laws (Vol. III) – 289 – Municipality Act
(b) that the election of all or any of the returned candidates is void and that he himself or any other candidate has been duly elected; or
(c) 81[deleted].
(4) A petitioner shall join as respondents to his petition—
(a) where the petitioner claims a declaration under clause (a) of sub-section (3), the returned candidate or candidates in respect of whom such declaration is claimed;
(b) where the petitioner claims a declaration under clause (b) of sub-section (3), all the contesting candidates other than the petitioner;
(c) any other candidate against whom allegations of any corrupt or illegal practice are made in the petition;
(d) 82[deleted]
Explanation:— The expression “returned candidate” means a candidate whose name has been published in the Official Gazette under section 20.
(5) Such petition shall be inquired into and disposed of by the District Judge or by any Judge not lower in rank than a Civil Judge Senior Division to whom the case or such cases generally may be referred to by the District Judge.
(6) All petitions under sub-section (1), in which the validity of the election of the same Councillor elected to represent the same ward is in question shall be heard together.
(7) For the trial of such petition, the Judge shall have all the powers of a civil court including powers in respect of the following matters, namely:—
(a) discovery and inspection;
(b) enforcing the attendance of witnesses, and requiring the deposit of their expenses;
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence on affidavit; and
(g) issuing commissions for the examination of witnesses;
and the Judge may summon and examine suo motu any person whose evidence appears to him to be material. The Judge shall be deemed to be a Civil Court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.
V of 1898.
289 81 Clause ( C) deleted by the Amendment Act 7 of 1998.
82 Clause (d) of sub-section 4 deleated by the Amendment Act 7 of 1998.
Manual of Goa Laws (Vol. III) – 290 – Municipality Act
(8) Notwithstanding anything contained in the Code of Civil Procedure, 1908, the Judge shall not permit— V of 1908.
(a) any application to be compromised or withdrawn, or
(b) any person to alter or amend any pleading, unless he is satisfied that such application for compromise or withdrawal or the application for such alteration or amendment is bona fide and not collusive.
(9) The Judge, after such inquiry as he deems necessary, may pass suitable order and his order shall be conclusive.
(10) If the petitioner 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 Judge is satisfied that—
(a) the petitioner or such other candidate received sufficient number of valid votes to have been elected; or
(b) but for the votes obtained by the returned candidate by corrupt practices the petitioner or such other candidate would have obtained a sufficient number of valid votes to have been elected, The Judge may, after declaring the election of the returned candidate void, declare the petitioner or such other candidate to have been duly elected:
Provided that —
(i) for the purpose of such computation, no vote shall be reckoned as valid if the Judge finds that any corrupt practice was committed by any person known or unknown in giving or obtaining it;
(ii) after such computation, if any equality of vote is found to exist between any candidates and the addition of one vote would entitle any of the candidates to be declared elected, one additional vote shall be added to the total number of valid votes found to have been recorded in favour of the candidate, selected by lot drawn in the presence of the Judge in such manner as he may determine.
(11) Where any charge is made in the petition of any corrupt practice, the Judge shall make an order recording the names of all persons including any candidates, if any, who have been proved at the trial to have been guilty of any currupt practice and the nature of that practice and may disqualify any such person for becoming a Councillor or a Councillor or member of any other local authority for such period not exceeding six years but not less than two years from the date of the order, as the Judge may specify in the order:
Provided that no person shall be named in such order unless—
(a) he has been given notice to appear before the Judge and to show cause why he should not be so named; and Manual of Goa Laws (Vol. III) – 291 – Municipality Act
(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 Judge and has given evidence against him, of calling evidence in his defence and of being heard.
(12) If the Judge sets aside the election of a candidate on the ground that a corrupt practice has been committed by the returned candidate or his election agent or by any other person with the consent of the candidate or his election agent and if such candidate’s name has not been included in any order made under sub-section (11), the Judge shall declare such candidate disqualified for becoming a Councillor or a Councillor or member of any other local authority for such period not exceeding six years but not less than two years from the date of the order, as the Judge may specify in the order.
(13) The Judge may also make an order fixing the total amount of costs payable and specifying the person by and to whom costs shall be paid.
Such costs shall be recoverable as if they had been awarded in a suit under the Code of Civil Procedure, 1908.
V of 1908.
(5) Corrupt practices and other electoral offences.