(1) This Ordinance may be called the Disputed Elections (Prime Minister and Speaker) Ordinance, 1977
(53) Short title and commencement.
54 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Definitions.
Petitions in respect of dispute^ elections.
Authority to try a petition.
(2) It shall come into force at once.
2 In this Ordinunce, unle&s the context otherwise requires,—
(a) "candidate" means a person who has been or claims to have been duly nominated as a candidate at any election;
(b) "costs" means all costs, charges and expenses of, or incidental to, a trial ot s petition under this Ordinance;
(c) "Council" means a Council convened under section 4 for the trial of a petition;
(d) "election" means an election in the case of Prime Minister or in the case of speaker;
(e) "election in the case of Prime Minister" means an election to either House of Parliament of. a person who holds the office of Prime Minister at the time of such election or is appointed as Prime Minister after such election;
(f) "election in the case of Speaker" means an election to the House of the People of a person who holds the office of Speaker at the time of such election or is chosen as the Speaker for that House after such election;
(q) "petition" means a petition calling in question an election, (Ji) "prescribed" means prescribed by rules made under this Ordinance;
(i) "returned candidate" means a candidate whose name has been published under section 67 of the Representation of the People Act, 1951, as duly elected at an election in the case of Prime Minister or, as the case may be, an election in the case of Speaker;
(j) each of the expressions denned in the Representation of the People Act, 1951, but not denned in this Ordinance shall hav« the same meaning as In that Act,
CHAPTER II COUNCILS FOR DISPUTED ELECTIONS
3. No election shall be called in question except by a petition presented in accordance with the provisions of this Ordinance.
4 (7) Every petition shall be tried by a Council convened for the pur-* pose by notification in the Official Gazette by the Election CommlBHion.
(2) The Council shall consist of the following members, namely: —
(a) three members nominated by the President of whom one shall be the Chief Justice, or a retired Chief Justice, of the Supreme Court of India and another a person who, in the opinion of the President has knowledge of election laws;
(b) three members elected by the members of the House of the People from amongst themselves, and
(c) three members elected by the members of the Council of Slates from amongst themselves.
(3) The Chairman and Vice-Chairman of the Council shall be appointed by the President from amongst the members thereof.
43 of 1951 43 of 1951.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 55 43 of 1951,
(4) The Chairman, Vice-Chairman and other members of a Council shall hold oflice as such until the disposal by the Council of the petition foi the trial of which iL has been convened.
Provided that—
(a) the Chairman, Vice-Chairman or any other member rrny by writing under his hand addressed to the President resign his office;
(b) a member elected by a House of Parliament shall cease to hold office as such upon his ceasing to be a member of that House
(5) Any casual vacancy in the office of the Chairman or the VJCP- Chairman or any other member of the Council shall be filled in accordance with the provisions of sub-section (2).
(6) The conditions of service of the Chairman, Vice-Chairman and other members of a Council shall bs such as may be prescribed,
5. If, during the course of the trial of a petition, any member of the Council trying the petition is absent or is for any reason unable to perform his functions or has relinquished his membership 011 has died, the remaining members of the Council may continue the trial of the petition:
Provided that the total number of members of the Council holding the trial is not less than five.
6 When any person nominated or, as the case may be, elected to nil a casual vacancy in a Council trying a petition joins the Council, the tual of the petition shall be continued thereafter as if the member so nominated or elected had been a member of the Council from the commencement of the trial of such petition:
Provided that the Council may, if it thinks fit, recall and re-examine any of the witnesses already examined.
7. No act, proceeding, opder or decision of a Council shall be invalidated merely by reason of any irregularity m the procedure of the Council not affecting the merits of the case.
CHAPTER III PRESENTATION OP PETITIONS IN RESPECT OF DISPUTED ELECTIONS 8 (1) A petition calling in questiojn any election may be presented on one or more of the grounds specified in sub-section (2) of section 100 and section 101 of the Representation of the People Act, 1951, to, the Election Commission by any candidate at such election or any elector within forty-five days from, but not earlier than, the date of election of the returned candidate, 01 if there ate more returned candidates than one at the election and the dates of their election are different, the last of those dates:
Council to exercise functions notwithstanding vacancies Fresh trial not necessary Upon filling up of a casual vacancy in the Council Acts or proceedings of a Council not to be invalidated.
Presentation of petition $6 THE GAZETTE Ofr INDIA EXTRAORDINARY [PART II— Parties to the petition Contents of petition
Provided that a petition calling in question the electiqn of a person, who does not hold the office of Prime Minister or, as the ease may be, Speaker of the House of the People at the time qf such election and whd is appointed or chosen to. that office after such election, may be presented within forty-five days from the date on which such person was appointed as the Prime Minister o,r chosen as the Speaker of the House of the People.
Explanation—In this sub-section, "elector" means a person who way entitled to vote at the election to which the petition relates whether he has voted at such election or not
(2) A petition shall be deemed to have been presented to the Election Commission when it is delivered to the Election Commission 01 to such other officer as may be appointed by it m this behalf—
(a) by the person making the petition, or
(b) by a person authorised m writing m this behalf bv the person making the petition.
(3) Every petition shall be accompanied by as many copies thereof as there are respondents mentioned in the petition and one more copy for the use of the Election Commission, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition.
(4) At the time of presenting a petition, the petitioner shall deposit with the Election Commission in such manner as may be prescribed a sum of two thousand rupees as security for costs.
(5) The Council trying a petition may at any time during the course of the trial of the petition call upon the petitioner ten give such further security for costs as it may direct (6") No person shall be entitled to be ]omed as a respondent to a petition under sub-section (3) of section 13 unlesi he has given such security for cosis as the Council may direct.
9. A petitioner shall join as rebpondents to his petition—
(a) where the petitioner, in addition to claiming a declaration that the election of all or any of the returned candidates 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 declaiation is claimed, all the returned candidates; and
(b) any other candidate against whom allegations of any corrupt practice are made in the petition.
10 (1) A petition—
(a) shall contain a concise statement of the material facts on which the petitioner rel'ies;
(b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place ofE the commission of each such practice; and SE<5 1] THE GAZETTE 6fr INDIA EXTRAORDINARY $7 5 of 1908.
(c) shall be s'igned by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 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 the prescribed form in support of the 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.
11. A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is vqid, claim a further declaration that he himself or any other candidate has been duly elected.
12. (I) The Election Commission shall as soon as may be after the receipt of a petition under section 8 take such steps as may be prescribed fojr convening a Coundil for trying the petition.
(2) Where more petitions than one have been received under section 8 in respect of the same election, a single Council shall be convened for the trial of such petitions and such Council may in its discretion try them separately dr in one or more groups
CHAPTER IV TRIAL OP PETITIONS 4-3. 0 ) Subject to any rules made in this behalf, the Council for the trial of any petition shall hold the trial at New Delhi.
(2) The Council shall dismiss the petition,
(a) if the petition has not been presented within the period specified In sub-section (1) of section 8;
(b) if the petition does not comply with the provisions of subsection (3) or sub-section (4) of section 8 or section 9,
Explanation —An order dismissing a petition under this sub-section shall be deemed to be an order made under clause (a) of section 20.
(3) Any candidate not already a respondent to a petition shall, upon application made by him to the Council within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the Council, be entitled to be joined as a respondent.
Explanation —For the purposes of this sub-section and of section 19, the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the Council and answer the claim or claims made in the petition.
(4) The Council may, upon such terms as to costs and otherwise as it may deem tit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, Relief that may be claimed by the petitioner Procedure on receiving petitions.
Trial of petitions ^8 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Procedure.
Evidence, etc.
Secrecy of voting not to be infringed.
Answering of criminating questions and certificate of indemnity but shall not allow any amendment of the petition which will have the eftect of introducing particulars of a corrupt practice not previously alleged in the petition.
(5) The trial of a petition shall, so far as is practicable consistently With the interests of justice in respect of the trial, be continued from day to day until i1s conclusion, unless the Council finds the adjournment of the trial beyond the following day to be necessary for reasons to be recorded.
(6) Every petition shall be tried as expeditiously as possible and endeavour shall be made to conclude the trial within six months from the date of rnmmencement of the trial.
14 (1) The Chairman of the Council or in his absence the Vice- Chairman of the Council shall preside at the sittings of the Council.
(2) Subject to the provisions of this Ordinance and of any rules, made thereunder, the Council shall regulate its own procedure for the trial of a petition.