(1) This Ordinance may be called the Presidential and Vice-Presidential Elections (Amendment) Ordinance, 1977
(2) It shall come into force at once.
2 During the perigd of operation of this Ordinance, the Presidential and Vice-Presidential Elections Act, 19(52 (hereinafter referred to as the
(43) Short title and commencement.
Act 31 of 1952 to be temporarily amended 44 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Substitution of new Part lor Part III.
Definitions.
Petitions in respect of disputed elections.
Authority to try a petition principal Act) shall have effect subject to the amendments specified in sections 3 and 4
3. In the principal Act, for Part III, the following Part shall be substituted, namely:— 'PART III
CHAPTER I PRELIMINARY 13 In this Part, unless the context otherwise requires,—
(a) "candidate" means a person who has been or claims to have been duly nominated as a candidate at an election;
(b) "costs" means all custs, charges and expenses of, or mci" dental to, a trial of a petition under this Part;
(c) "Council" means a Council convened undei section 15 foi the trial of a petition;
(d)1 "petition" means a petition calling in question an flection;
(e) "returned candidate'' means a candidate whose name has been published under section 12 as duly elected
CHAPTER II COUNCILS FOR DISPUTED ELECTIONS
14. No election shall be called in question except by a petition presented in accordance with the provisions of this Part.
15 (3) Every petition shall be tried by a Council convened for the purpose by notification in the Official Gazette by the Election Commission (̂ > The Council shall consist of the ' following members, namely: —
(o) three members nominated by the Speaker of whom one shall be the Chief Justice, or a retired Chief Justice, of the Supreme Court of India and another a person who, in the opinion of the Speaker, has knowledge of election laws;
(b) three members elected by the members of the House of the People from amongst themselves; and
(c) three members elected by the members of the Council of States fiom amongst themselves.
(3) The Chairman and the Vice-Chairman of the Council shall be appointed by the Speaker from amongst the members thereof
(4) The Chairman, Vice-Chairman and other members of a Council shall hold office as such until the disposal by the Council of the petition for the trial of which it has bften convened •
Provided that—
(a) the Chairman, Vice-Chairman or any other member may bv writing under his hand addressed to the President resign his office;
SEC. 1] THE GAZETTE Ofr INDIA EXTRAORDINARY 4 ,
(b) a member elected by a House of Parliament bhall cease to hold office as such upon his ceasing to be a member of that House,
(5) Any casual vacancy in the office o£ the Chairman or Vice- Chairman or any other member of the Council shall be rilled in accordance with the provisions of sub-section (2).
(6) The conditions of service of the Chairman, Vice-Chairman and other members of a Council shall be such as may be prescribed.
16. If, duung the course of the trial of a petition, any member of the Council trying the petition is absent or is for any reason unable to perform his functions or has relinquished his membership or has died, the remaining members of the Council may continue the trial of the petition:
Provided that the total number of members of the Council holding the trial is not less than five
17. When any person nominated or, as the case may be, elected to fill a casual vacancy in a Council trying a petition joins the Council, the trial of the petition shall be continued thereafter as if the member so nominated or elected had been a member of the Council from the commencement of the trial of such petition:
Provided that the Council may, if it thmks fit. recall and re-examine any of the witnesses,already examined.
18. No act, proceeding, order or decision of a Council shall be invalidated merely by reason of any irregularity in the procedure of the Council not affecting the merits of the case.
CHAPTER III PRESENTATION OF PETITIONS IN RESPECT OF DISPUTED ELECTIONS