(1) Any person elected or co-opted as a Member of an Anchal Sabha shall, if he becomes disqualified under the provisions of this Act, ceases to be @ Member of the Anchal Sabha and the State Government shall by a notice call upon him forths with to vacate the seat.
(2) If the Member on notice issued under subsection (1) contests the disqualification in the Election petition.
50 prescribed manner, the State Government shall refer the case for decision to an Additional District Magistrate of the district, who after making such enquiry ashe may deem necessary shall determine whether or not such person is disqualified and his decision shall befinal.
(3) Where a case has been referred to the Additional District Magistrate under sub-section (2) the Member shall not be deemed to have vacated his seat by reason of disqualification until the Additional District Magistrate 80 decides.
18. (1) The election of any person as a Member of an Anchal Sabha may be questioned by election petition on the ground that— (@) such. person committed. during or in respect of the election proceedings any corrupt practice as defined in section 28 ; or
(b) such person was declared to be elected by reason of improper rejection or admission of one or more votes or for any other reason and was not duly elected by a majority of votes ; or
(c) such person was disqualified for election under the provisions of this Act :
Provided that no election petition shall lie on the ground of wrongful admission or rejection of nomination paper for which an appealshall lie within such period as may be prescribed to an Additional District Magistrate whose decision in this behalf shall be final.
(2) The election of any person as a member of an Anchal Sabha shall not be questioned on the ground that —~
(a) there was a casual vacancy in membership or there was a defect in the constitution of the Grama Panchayat, Municipality or Notified Area Counoil ; or
(6) there was any non-compliance’ with the provisions of this Act or any rule made thereunder or any mistake in the forms required thereby, or any error, irregularity or informality on the part of the officer or officers charged with carrying out the provisions of this Act, or any rules, unless such noncompliance, mistake, error, irregularity or informality has materially affected the result of the election.
e Form of Petition Interpleading.
Procedure 51
19. (1) The petition shall be presented by any candidate duly nominated in the election or by an elector of the electorate before the Additional District. Magistrate together with a deposit of one hundred rupess as security for costs within fifteen days after the day on which the result of the election was notified in the Gazette and shall specify the ground or grounds on which the election of the opposite party is questioned and shall contain a summary of the circumstances alleged to justify the election being questioned on such grounds.
Explanation—In this sub-section ‘ elector’ means a person who was entitled to vote. at the election to which the election petition relates whether he has voted at such election or not.
(2) A person whose election ia questioned and all other candidates duly nominated at such election shall be impleaded as opposite parties to the petition.
20. Every opposite party may give evidence to prove that any person in respect of whom a claim is made that such person be declared elected in his place orin priority to him should not be declared so elected, in the same mannerasif ho had presented a petition against the election of auch persen, 21, (1) An election petition shall be heard by an Additional District Magistrate within whose jurisdiction the area of representation concerned may be situated at a place in the Anchal or in a Municipality contiguous to the Anchal.
(2) Such Additional District Magistrate ( hercinafter referred to asthe Tribunal) shall be deemed to exercise jurisdiction aa persona designata.
22, (1) The Tribunal shall, as soon as may be, cause a copy of the petition together with the particulars ‘referred to in sub-section (1) of section 19 to be aerved on the opposite parties referred to in sub-section (2) of the said section.
(2) Except as otherwise expressly provided. by this Act or the rules made thereunder the procedure provided in the Code of Civil Procedure, 1908, for Act vo «f the trial of suits, shall, so far as may be practicable, 6 be followed in the hearing of election petitions:
Provided that—
(a) any two or more election petitions relating to the election of the same. person may be heard together 5 Powers of tha Tribunal and proce:
dure for wervice of notices and Process.
52
(b) the Tribunalshall not be required to record the evidence in full but shall make a» memorandum of the evidence sufficient in its opinion for the purpose of deciding the ,case ;
(ec) the Tribunal may, at any stage of the proceedings, require the petitioner to give further security for the paymentofall costs incurred orlikely to be incurred by any opposite party and if within the timefixed by it or within such further time as it may allow such security is not furnished, may dismiss the petition ;
(d) tho Tribunal for the purpose of deciding any issue, may require the production of or may receive so much evidence, oral or documentary, as it considers necessary ;
(e) there shall be no appeal and no application in revision against or in respect of the decision of the Tribunal ; °
(f) the Tribunal may review its decision on any point on the application of any person considering himself aggrieved thereby if the application is presented within fifteen days from the date of decision. — .
23, (1) Unless it is otherwise prescribed the Tribunal shall have the same powers and privileges as the Judge of Civil Court and the service of all process and notices issued by the Tribunal shall on requisition byit be effected by a SubdivisionalMagistrate having jurisdiction.
(2) An order for the realisation of security bond for costs passed by the Tribunal may be sent by it for execution to the Collector of a district within which the area of represéntation concerned is situate ~ and thereupon the Collector shall realise such costs as Finding.
if they were an arrear of land revenue.
24. (1) If after holding an enquiry in accordance with the provisions of this Act, the Tribunal finds, in respect of any person whose election is called in question by a petition, that his election was valid, it shall dismiss the petition as against. such person and may award costs at its discretion.
{2) Lf the Tribunalfinds that the election of any person was invalid, it shall either—
(a) declare » vacancy to have been created ; or 88 | (b) declare another candidate to have been ee duly elected, whichever course appears in the particular circumstances of the case, more appropriate and in either case may award costs at its discretion.
Corrapt 25. Notwithstanding anything contained in the Exprerer’” preceding sections, if the Tribunal in the course of provedure. hearing of an election petition is of opinion that the evidence discloses—
(i) that corrupt practices have prevailed at the election proceedings in question to such an extent asto render it advisable to set aside the whole proceedings ; or | (i) that the result of election has been is materially affected by any non-compliance with the provisions of this Act or any rules made thereunder, any wistake in the forms required thereby or any . error, irregularity or informality on the part of any officer charged with or carrying out any duty under this Act, or rules made thereunder ;
it shall set aside the whole proceedings and direct the Anchal Executive Officer to take measures for holding. fresh election proceedings and if the election is set aside for any cause which is the result of acts of a candidate or his agent, may declare that candidate to be disqualified for the purpose of such fresh election.
Ezplanation—In this section the expressions ‘the election proceedings in question’ and ‘the whole proceedings’ shall mean all proceedings commencing from the filing of nomination and terminating with the declaration of election, taken in respect of the single poll in any area of t representation.
Declaration 26. The Tribunal may declare any candidate isquali- found to have committed any corrupt practice under the foregoing section to be incapable for any period not exceedingfive years, of being elected as a member of the Anchal Sabha or of being appointed or retained in anyoffice or place in the gift, disposal, pay or y service of the Ancha] Sasan :
Provided that a disqualification under this Act ' may be removed by en order of the State Government ' , in this behalf.
Soyings 27. Where a candidate, who has been elected . to be a Memberof an Anchal Sabha is declared by the Tribunal not to heye been duly elected, acts fication.
“ToGiab suchpersonis ‘entitled to vote shall on conviction be punishable with imprisonment which may oxiond to three months or with fine or with bo 54 done by him by virtue of the office before the time when the decision is intimated in the prescribed manner to the Anchal Executive Officer shall not be invalidated by reason of that declaration.
agpaag 28. (1) A person shall be deemed to have commit- Pree ted a corrupt practice who directly or indirectly by himself or by any other person—
(a) induces or attempts to induce by fraud, intentional misrepresentation, coercion or threat of injury, any voter to give or to refrain from giving a vote in favour of any candidate ;
(6) with a view to inducing any voter to give or torefrain from giving a vote in favour of any candidate, or in consideration of any voter having voted or refrained from voting for any candidate, offers or gives any moneyor valuable consideration of any place or employnent or holds out any promise of individual advantage or profit to any person including a promise ot spiritual salvation ;
(c) induces or attempts to induce a candidate or voter to believe that he or any person in whom he is interested will becomeor will be rendered an object of divine displeasure or of spiritual censure with a view to influence him in any way in connection with the election ;
(d) systematically appeals to vote or refrain from voting on groundsof caste, race, community or religion or uses or appeals to religious and national symbols, such as, the national flag and the: national _ emblem, for the furtherance of the prospects of a candidate’s election ; .
(ce) employs, instigates or threatens any form of social boycott of any voter or candidate or of any onein which such voter or candidate is interested ;
(f) gives or procures the giving of a vote in the nameof a voter whois not the person giving such a, vote;
(g) offers any money or valuable consideration to any person to induce him to withdraw from being a candidate at an election or being a candidate accepts any money or valuable vonsideration so offered ;
(4) abets ( within the meaning of the Indian <itl Penal Code ) the doing of any of the acts specified jee, in clauses (a), (6), (Cc), (4), (e), (f) and (g). :
Explanations—(i) A ‘promise of individual advantage or profit to a person’ includes a promise for the benefit of the person himself or of any one in whom heis interested, but does not include a promise to further propose orto vote for or against any particular Anchal Sasan measure or work.
(it) No agent, clerk, “messenger or other person who may in accordance with prescribed rules be employed for remuneration by a candidate at an election shall, by reason of such employment alone, be deemed to come within the provisions of this section.
(iit) A corrupt practice shall be deemed to have been committed by a candidate if it has been comnitted with his knowledge or consent or by a person whois acting under the general or special authority of such candidate with reference to the election.
(2) Every person who is guilty of a corrupt practice at or in connection with an election hed under the provisions of this Act shall on conviction be punishable with imprisonment which may extend to six months or with fine or with both.
Folsificattom 29. Every person who falsifies or attempts to peed falsify the record of an election by removing, _ destroying, altering or fabricating nomination papers or voting ponent or by any other act or by any omission shall on conviction be punishable with imprisonment which may extend to one year or with fine or with both.
Infringement 30. Every polling officer, who except for some nr purpose authorised by law, communicates to any rson any information showing directly or indirectly for which candidate any voter has voted and every person who by improper means procures any such information, shall on conviction be punishable with imprisonment of either description for a term which may extend to three months or with fine or with both.
(0 31. Every polling officer who permits a person Felliag to vote knowing that such person is not entitled to vote or who prevents a person from voting knowing that such person is entitled to vote shall on conviction be punishable with imprisonment which may extendto three months or with fine or with both.
56 Cognizancs =»--§-: 32, No Magistrate, other than. a Magistrate ofor ousn’e** the first class, shall take cognizance of any offence punishable under sections 28, 29, 30 and 31. nor shall any Magistrate take cognizance of such offence—
(a) except on the complaint of a person whose name is on theelectoral roll ; ;
to (6) unless such a complaint in respect of an offence either under section +28 or 31 or section 29 or 30 has been made within 14 days or 45 days respectively from the date of the -declaration of the result of any election to which the offence relates 3 and.
(c) except inthe case of an offence punishable under sections 29,30 and 31 unless the persons complaining shall have deposited fifty rupees.
The deposit mentioned in clause (c) shall be refunded to the complainant if the complaint is found to be true or if for any other reason, the Magistrate so directs.
Barto inter. 33. No election of a Member of an AnchalGonce »Y Sabha shall be called in question in any Court except under the procedure provided by this Act and the rules, if any, made thereunder and no order passed by the Tribunal in any proceeding under this Chapter = for hearing of an election’ petition shall be called in question in any Court and no court: shall grant an injunction—
(7) to postpone an election of a Member of an Anchal Sabha ; or
(71) to prohibit a person, declared to have been duly elected under this Act from taking partin the proceedings of the: Anchal Sabha of which het _ has been elected a Member; or ‘ (#2) to prohibit. a Member formally electedi or appointed to an Anchal Sabha from entering upon his duties.
34. A member of an Anchal Sabha other than the Chairman or Vice-Chairman mayresign his office by writing under his hand addressed to. the Chairman of the Anchal Sabha and thereupon the office shall fall vacant.
Absence 35. A member of an Anchal Sabhashall in thei meetings event of his failure to attend six consecutive meetingsi ire of the Sabha cease to hold office and thereupon' me the office shall fall vacant.
Resignation 57
CHAPTER If Cuainman, Vicu-CaaInMan AND MEMBERS Eisepee 36. (1) Within fifteen days of the publication of Arshad0 the names. of Members elected to a new Anchal Sabha Sabhe, eo” under section 14, the Collector of the district shall Ghsirmen call the first meeting of the said Sabha consisting of RAtheVico the said elected Members for the co-option of Members - as provided under this Act and a Member elected by the Members present shall preside over such a meeting. The President of the meeting shall fix a date notlater than fifteen days from the date of the first meeting for the purpose of election of the Chairman and the Vice-Chairman from amongst its Members.- . (2) On the date so fixed under sub-section (1) the Collector shall call the next meeting of the Anchel Sabha and at such meeting the said Sabha shall _ elect from amongst its own Members its Chair- . man and the Vice-Chairman. The Collector of the district or an officer, not being below the rank of a Subdivisional Magistrate, nominated by him shall preside over the meeting.
(3) Within fifteen days of occurrence of any «vacancy'in the office’ of the Chairman or Vice-Chairman the Collector of the district shall call upon the ‘Anchal Sabba to elect. the Chairman or Vice-Chairman, a8 the case may be, at @ meeting specially convened for the purpose.
(4) If the Members of the Anchal Sabha fail to elect a Chairman or Vice-Chairman under sub-section (2) or sub-section (3) the State Government may fill up these offices by appointment from amongst the members of the Anchal Sabha until such time as the Anchal Sabha may elect. such Chairman or Vice-Chairman in the prescribed manner.
* - (8) "ho names of the Chairman and the Vice- ’ Chairman shall be published ia the Gazette.
Jeave of 37. An Anchal Sabhé may grant leave of abusnee, = agence to-its Chairman or Vice-Chairman for any period not exceedingythree months in any one year and simultaneously elect a person who shall act in the vacancy during the period of leave.
CHAPTER UT Procesprnes of AN AnouaL Sapa Meetings 43. An Anchal Sabha chall meet not less than six times during any year for the transaction of business and a period exceeding two months shall . not be allowed to elapse between two successive meetings.
Gonvening 44. (1) As soon as may be after his election, x wf mecti5g™ the Chairman shall call'a meeting of the Members.
Notice of such meeting specifying the time -and place thereof and the business to be transacted ‘thereat shall be despatched to every Member and exhibited at the Anchal Office fifteen clear days before the meeting.
(2)The date of the next meeting shall be declared by the Chairman or the President at the meeting held under snb-section (1) and notice of every such subsequent meeting specifying the time and place shall be exhibited in the Anchal Office and bo deemed to be sufficient notice of such subsequent meeting.
(3) The notice shall contain a list of business to be transacted ina subsequent meeting together with the time and place for such meeting and with such details and in such form as may be prescribed and be ’ despatched: to every Member and exhibited at the” ‘Anchal Office fifteen clear days before the date of meeting.
(4) All matters specified in a notice under sub+ secti ns (1) and (3) shall, subject to the approval of the Chairman or the President, as the case may be, pe included in the agenda of a mocting and. no efeiamen __ 98, (1) An appointed Chairman or Vice-Chairmaner Vice mayresign by writing under his hand addressed to +Chairmen, the State Government and on such resignation beingaccepted he shall be deemed to have vacated hisoffice.
a 5
(2) An elected Chairman or Vice-Chairman of an“Anchal Sabha may resign his office by writing underhis hand addressed to the Vice-Chairman if fe is theChairman and to the Chairman if he is the Vice- ..Chairman,
(3) The Anchal Executive Officer shall placethe resignation under gub-section (2) before the nextmeeting of the Anchal Sabha and thereupon theChairman or the Vice-Chairman, as the case may be,‘ shall be deemed to have vacated the office, Chairman or 39. Notwithstanding anything contained in‘eetShaa Section $8 the Chairman and’ the Vice-Chairman ofeftce pend- an Auchal Sabha shall continue to hold office untilcrfppont election or’ appointment of his successor igment. made.
Removal of 40. (1) The Chairman or Vice-Chairman of anChairman Anchal Sabha may at any time be removed from ;Ghairan, Office by a resolution of the Anchal Sabha in favour ‘of which not less than two-thirds of the total numberof Members of such Sabha have given their votesat a meeting convened on the written requisitionof not less than one-third of the total number ofMembers :
Provided that at such a meeting the Colleo-tor of the district shall preside.
(2) The resolution wnder sub-section {1) shall beforwa ded to the State Government where: pon the—-State_Go-vammant, shell note 1 —s.
60 business other than those specified in the said noticeshall be transacted at the said meeting except with : ’the consent of all the members present :
Provided that any matter notice whereof has .been given in the prescribed form and manner by a ~Member;to be discussed{at the meeting shall,’ if’ theChairmanor the President considersit relevant, be 80discussed and the decision in that behalf of thePhairman or'the President, as the casemay be,{ shall e nal, .
Epmer o f the 45. The Chairman or ‘in his absence the Vice?Vice ° Chairman or in the event of either being absent ofGem incapable of acting due to unavoidable reasons, theAnohal § Anchal Executive Officer may, wheneverit is requiredExecutive underthe Act, calla meeting of the Anchal Sabha.icer to calla meeting.
Adjournment 46. (1) Any meeting of the Anchal Sabha maywith the consentof the majority of Members present,be adjourned to any other date, but no businessother than thatleft over at the adjourned meetingshall be transacted at such subsequent meeting, ‘
(2) A notice of such adjournment posted at the :Anchal Office on the date on which the meeting is ¥adjourned shall be deemed to be sufficient notice ofthat meeting, Public not 47. Members of the public shail not be admittedcapttea, to the meeting of the Anchal Sabha, but the Presidentof the meeting may allow the Technical Advisers ofthe Anchal Sasan or anyofficer of the State Govern-ment to take part in the discussions but such personsshall have no right to vote:
Provided: that the President may in hisdiscretion permit any Sarpanch, Naib-Sarpanch orthe President’ of an Adalti Panchayat within thelocal limits of the Anchai, to attend any meeting ofthe AnchalSabha‘or’ any of the Committees consti-tuted under this Act as a visitor and such permissionshall not be called into question by any Member cfthe Anchal Sabha or the said Committee : x
Provided farther that the President may inhis§ discretion§ request] a Member: of the Orissa .Legislative Assembly ora Member of the Parliament *representing any area in the Anchal to address ameeting in any matter concerning the affairs of theAnchal or any of the committees constituted underthis Act.
“ - President of the meeting.
Queram “Power to ail for Proceedings.
Production of records.
6} 48, At the meeting of the Anchal Sabha the Chairman shall preside andin his absence the Vice- Chairman and if both are absent, then the Members present shail choose one from amongst themselves to preside at the meeting.
49.(1) No business shall be transacted at a meeting unless a quorum of one-third of the Members of the Anchal Sabhais present at the commencement of the meeting,
(2) If at a meeting there are not sufficient Mem.
bers present at the commencement of the meeting to form a quorum,the President shall adjourn it to such time or date as he thinks fit and notify the same to the Members and the business set down for the meeting shall be taken up at the subsequent meeting whetherat such subsequent meeting there is quorum or not.
(3) No business other than the business fixed for the original meeting shall be transacted at any such subsequent meeting.
(4) A notice of adjournment exhibited at the Anchal Office on the date on which the meeting is adjourned shall be deemed to be sufficient notice of the subsequent meeting.
50, The Anchal Sabha may at any time coal!
for any return, statement, account or report concerning or connected with any matter with which any Committee constituted. under this Act is empowered by or under this Act to deal, and every such requisition shall be complied with by the said Committee.
51. The Anchal Sabha may at any time require the Anchal Executive Officer—
(a) to produce any record, correspondence or other document which is in his possession or control as Anchal Executive Officer ;
(6) to furnish any return,plan,estimate, statement, account or statistics concerning or connected with any matter appertaining to the administration of this Act ; and
(e) to furnish a report by himself or to obtain from any of the officers subordinate to him, and furnish with his remarks thereon @ report upon any subject concerning or connected with the administra.
tion of this Act :
Provided that the Anchal Executive Officer may defer such productiontill the next meeting and « 6 if he is of opinion that the production of any such record, correspondence or document or furnishing of any such returns, plans, eatimates, . Btatements, accounts, statistics or report will be detrimental to the pubic interest or the interest of the Anchal Sasan he shall refer the matter to the Chairman whose decision shall be final.
Gosations 52. Subject to any rules that may be made in this behalf a Member may at any meeting put questions concerning ot connected with the adminis.
tration of the Anchal and the answers to the same shall be furnished in the prescribed manner.
Member 53. (1) No Member of an Anchal Sabha or anySbcont‘rem Of its Committee shall vote on or take part in the faking pert discussions of any qucstion coming up for considera-aetion at a meeting of the said Anchal Sabha or the Committee if che question is one in which, apart from its general application to the public, he has any direct or indirect pecuniary interest,
(2) The Prosidont of the Anchal Sabha or of any of the Committees constituted uader this Act, may, either on bis own motion or on the motion of any Member present, prohibit any Member from voting or taking part in the discussion of any matter in which he believes such Member to have interest or he may require such Member to abseat himself during the discussion, °
(3) Such Member may challenge the decision of the President who shall thereupon put the matter to themecting. The decision of the meoting shall be final,
(4) If the President of an Avchal Sabha or any of the Committees on information received is satisfied that a Memberhas voted or taken part in the discus.
sions in any meeting in contravention of the provisions of sub-section ( 1) or sub-section (2), he may, in a meeting held within a period of two months from the date of information, call upon the Anchal Sabha or the Committes, as the case may be, to reopen andrevise its decision and such decision shall be final.
Preservation 54. (1) It shall be the duty of the President tosforder. preserve order in a meeting and in the event of any grave disorder arising therein he shall have power to adjourn or suepend the meeting as he deome fit.
— ~ a e Decision by majority.
Savings Minute Book.
63
(2) A member whoin the opinion of the President is guilty of disorderly conduct in any meeting may be ordered by the President to leave the meeting forthwith and such order of the President shall be final orebinding and shall not be questioned in any court of law,
(3) If in spite of the orders of the President to withdraw a member persists in remaining at the meeting the President may take such steps as he may deem fit to cause such member to be removed and such member shall on a complaint by the President in that behalf be also liable on conviction to be punished with a fine which may extend to one hundred rupees,