(1) If the validity of any election of a member of a Panchayat is brought in question by any person qualified to vote at the election to which such question relates, guch person may, at any time within 15 days after the date of declaration of the result of the election, apply to the Deputy Commissioner in such form as may be prescribed for the determination of such question.
(2) If, on receipt of an application under sub-section (1) and after making such inquiry as he considers necessary, the Deputy Commissioner 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 13, or
(b) that any corrupt practice has been committed by any member who has been elected or by any other person with the knowledge and 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 knowledge or consent of such member, or
(ii) by any non-compliance with the provisions of this Regulation or any rules or orders made thereunder, the Deputy Commissioner 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 Deputy Commissioner declares the election of any member to be invalid on the ground that he committed a corrupt practice, the Deputy Commissioner 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.
rohibmou P against hold ing office.
Dispute as to validity of election.
32 THE GAZETTE OF INDIA EXTRAORDINARY [PART II Fresh election. 17. If the Deputy Commissioner 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.
Jurisdiction of civil courts in election matter* barred.
18. No civil court shall have jurisdiction to question the legality of any action taken or any decision given by the Deputy Commissioner In connection with the conduct oi elections under this Regulation.
Election of Pradhan and Upapradhan.