(1) If the validity of an election of a member of a Panchayat is called in question by any person qualified to vote at the election to which such question relates, such person may, at any time within fifteen days after the date of declaration of the result of the election, apply to the prescribed authority in such form as may be prescribed for the determination of such question.
Dispute as to validity of election.
(2) If, on receipt of an application under sub-section (1) and after making such inquiry as he considers necessary, the prescribed authority is satisfied—
(a) that any member who has been elected was on the date of election subject to any of the disqualifications specified in section 11, or
(b) that any corrupt practice has been committed by any member who has been elected or by any other person with the consent of such member, or
(c) that the result of the election, in so far as it concerns an elected member, has been materially affected—
(i) by any corrupt practice committed in the interest of the elected member by any person without the consent of such member, or
(ii) by any non-compliance with the provisions of this Regulation or any rules or orders made thereunder, the prescribed authority shall declare the election of such member to be invalid, and such declaration shall be final:
Provided that no election of a member shall be declared invalid on the ground that such member committed a corrupt practice unless he has been given an opportunity to show cause against such declaration.
(3) Where the prescribed authority declares the election of any member to be invalid on the ground that he committed a corrupt practice, the prescribed authority may declare such member to be disqualified from exercising any electoral right or from being a member of any Panchayat for such period not exceeding five years as he may determine.
(4) A person shall be deemed to have committed a corrupt practice if he, with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money or valuable consideration or holds out any promise of individual profit or any threat of injury to any person.
234 THE GAZETTE OF INDIA EXTRAORDINAHY [PART II
17. If the prescribed authority declares the election of any member to be invalid, a fresh election for the vacancy so caused shall be held in accordance with the provisions of this Regulation.
Frefh elections.
18. No civil court shall have jurisdiction to question the legality of any action taken or any decision given by the prescribed authority in connection with the conduct of elections under this Regulation.
Jurisdiction of civil courts in election matters barred.