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Section 51: Disputes regarding election to Works Committee

No. 2/FA-10-7/2001- 2868State Rules of Jharkhand · 1947

(1) (a) Any unsuccessful candidate may present an election petition, verified in the manner prescribed for verification of pleadings in the Code of Civil Procedure, 1908, to the Commissioner of Labour within fifteen days of announcement of the result of the the election.

(b) The petitioner may also claim that he himself or any other candidate has been duly elected.

(2) The Commissioner of Labour shall decide the dispute after giving notice to the persons concerned, in or near the locality where election was held and shall exercise the powers of a Civil Court in respect of the following matters:-

(i) enforcing the attendance of witnesses;

(ii) compelling the production of documents;

(iii) examining witnesses on oath;

(iv) granting adjournments;

(v) recording of evidence taken on affidavit ; and

(vi) issuing of summons for examination of witnesses;

(3)(a) An election shall be declared void, if, in the opinion of the Commissioner of Labour, the election of a returned candidate has been procured or induced by any corrupt practice.

Explanation.— "Corrupt Practice" means the use of violence, threat, intimidation or the offer of promise of any gratification to any person whomsoever on behalf of a returned candidate, with object of inducing an elector to vote or refrain from voting or a person to stand or not to stand or to withdraw from being a candidate at a election.

(b) The petitioner or any other candidate may be declared duly elected, if it is proved that he in fact received a majority of valid votes or but for the votes obtained by corrupt practice, would have obtained a majority of valid votes.

(4) In respect of any matter not specifically provided for in this rule, the Commissioner of Labour shall proceed in such manner as he considers proper in the circumstances of the case.

Where this provision sits

ActNo. 2/FA-10-7/2001- 2868
Section51
Marginal noteDisputes regarding election to Works Committee
JurisdictionState of Jharkhand
StatusIn force as published by the source

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