Notwithstanding the provision of the^ /^ proceeding rales at every co-option where a poll is taken, (1) votes shall be counted by or under theW © 9 20DELHI GAZETTE EXTRAORDINARY|PARTIV<-n o y~(2)when at the end of any count only one vacancy remains unfilled and the value of the papers of some' ^ one candidates exceeds the total value of the papers of all the other continuing candidates together with any, ^^ surplus not transferred, that candidate shall be declared elected.
o
(3)When at the end of any count only one vacancy remains unfilled and there are only two continuing candidates and each of them has the same value of votes and no surplus remains capable of transfer, the^ ^ Director shall decide by lot which of them shall be excluded and after excluding him in the manner aforesaid, declare the other candidate to be elected.•'' ^
37.Provision for re-count -(1) Any elected member proposing a candidate may, at any time during the^ - counting of the votes, either before the commencement or after the commencement or after the completion of9 any transfer of votes (whether surplus or otherwise), request the Director to re-examine and re-count the^ papers of all or any candidates (not being papers set aside at any previous transfer as finally dealt with) and^ the Director shall forthwith re-examine and recount the same accordingly.^
(2) The Director may in his discretion re-count the votes either once or more than once in any^. ^ case in which he is not satisfied as to the accuracy of any previous count;
COProvided that nothing in this sub-rule shall make it obligatory on the Director to re-count the same votes more then once.f f^
38.Result - Upon completion of the counting the Director shall, subject to the provisions of sub-rule
(3) of rule 36, announce the result of election after recording the same in Form C-XXII.
39.Publication. - The Director shall as soon as possible after the announcement of co-option of a candidate under rale 15(1) or rale 30(2) or rule 33 or rale 36(1) or rule 36(2) or rule 36(3) cause to bew published in the Delhi Gazette, the declaration (s> containing the name(s) of the person(s) co-opted as thet membe^s) under sub-clause (iv) of section 4.
p o c © c c
PART IV |DELHI GAZETTE EXTRAORDINARY21 cSupervision of the Director, and (2) each candidate and one representative of each candidate authorised by ^the candidate in writing shall have a right to be present at the time of counting.
^42. Extension of time for completion of election. - It shall be competent for the Director for reasons . wwhich he considers sufficient to extend the time for the completion of any co-option by making necessary amendments in the notification issued under rule 11.
c43. Custody of papers. - 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 sb'ps 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 three 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 of, or, incidental to, a trial of an election Petition.
(c)'Courf 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 co- •Qoption;.
^v(e) Omitted
(f) "High court1 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 V
45. Omitted' c- ^46. Additional contents of petition -(1) Where the petitioner alleges any corrupt practice, such petition ""^shall, in addition to complying with the provisions of section 15 of Delhi Municipal Corporation Act, 1957 W^also set forth full particulars of that corrupt practice including as full statements as possible of the names of •^fae 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.
Q a r a ^^ - a * 9 22DELHI GAZETTE EXTRAORDINARY| PART IV o
47.Omittedf ^
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 responden^s) to appear before the court and y answer the claim made in the petition on a day to be specified therein."; Cm
(2)Any person entered in list in Form C-II in case of petition fried against the co-option under rule 10f ^%
(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•. ^w
50.Appearance before the court - Any appearance, application or Act before the court may be made;* {^ or done by the party in person or by a pleader du^^ appointed to act on this behalf.
Provided that it shall be open to the court to direct any party to appear in person whenever the courtr^ considers it necessary.
jp51.Power of the court -the Court shall have the powers which are vested in a Civil Court when trying 'V a suit in respect of the following matters: -• ^%
(a)discovery and inspections;^ ^^
(b)enforcing the attendance of witnesses and requiring the deposit of their expenses;V, • *•• ^ •• Q
(c)compelling the production of documents;f^
(d)examining witnesses on oath;^^••-
(e)granting adjournments;I V#
(f)reception of evidence taken on affidavit; andf- ^
(g)issuing commissions for the examination of witnesses.( _^
52.Omitted. •|^ .
/ a53.Documentary evidence- notwithstanding anything contained in any other law to the contrary, no^-^ document shall be inadmissible in the evidence at the trial of an election petition on the ground that it is not. ^ duly stamped or registered.^ 'w
54.Omitted^ Q 9 p c c c c c d^^ ^ ^ere k ^ ^alance te^^ ^ any ^ ^* s^ s^c^rity deposit after payment under sub-rule (1) 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 six months, the whole of the said security deposit may, on V^an application made in that behalf in writing to the Director by the person by whom die deposit has been made or if such person dies after making such deposit, by the legal representative of such person, be returned ^to the said person or to his legal representative, as the case may be.
""•PART VII V63. (l)to(6)Omitted c c
PART IV |DELHI GAZETTE EXTRAORDINARY23
55.Secrecy of voting not to be infringed- No witness or other person shall be required to state for whom he has voted at such co-option.
56 & 57Omitted