CourtMesh

Section 43: Disputes regarding elections.

The Jammu and Kashmir Panchayati Raj Act, 1989Union territory Act of Jammu and Kashmir · Act 9 of 1989

(1) The election of a person [as Sarpanch, Panch] of a Halqa Panchayat or as a [Chairperson of the Block Development Council or elected member or Chairperson of the District Development Council] shall not be called in question except by an application presented to such authority within such time and in such manner as may be prescribed on the grounds that :—

(a) the election has not been a free election by reason that the corrupt practice of bribery or undue influence has extensively prevailed at the election ;

(b) that the result of the election has been materially affected—

(i) by the improper acceptance or rejection of any nomination ; or

(ii) by gross failure to comply with the provisions of this Act or the rules framed thereunder.

Where this provision sits

ActThe Jammu and Kashmir Panchayati Raj Act, 1989
Section43
Marginal noteDisputes regarding elections.
JurisdictionUnion territory of Jammu and Kashmir
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act XIII of 2016. . Substituted by S.O. 3654(E) dated 16.10.2020 for “as Panch”. (For earlier amendment see Act XIII of 2016, s. 5.)
  • substituted, Act XIII of 2016. . Substituted ibid for “Chairperson of the Block development Council”. (For earlier amendment see Act XIII of 2016, s. 12.)

Find the provision, not just read it

The full text above is free, and it stays free. What a free CourtMesh account adds is everything you cannot do by reading one page at a time:

  • Search 49,000+ Central and State enactments by what a provision says, not by its number
  • Jump from any section to every judgment that has applied it
  • Search 300 million+ Indian court records alongside the statute
  • Ask a research agent to find and read the case law on a provision for you

Free account. No card. About a minute to create.

Create a free account

Need this as data, not as a page? The Jammu and Kashmir Panchayati Raj Act, 1989 is one of 49,000+ enactments on CourtMesh. The Indian court cases API serves the case law that cites these provisions over JSON, with API documentation and plans and pricing. See also the judgment library.