(1) Whenever it is alleged that any person who has been elected as member of a Board is disqualified under section 12, sub-section (1) of section 13, or section 16 and such person does not admit the allegation or whenever any member is himself in doubt whether or not he has become disqualified for office under section 12, sub-section (1) of section 13 or section 16 such member or any other member may, and the President at the request of the Board shall refer the matter for decision to the Election Tribunal appointed under section 23.
(2) The said tribunal after making such inquiry as it deems necessary, shall determine whether or not such person is disqualified under sections 12, 13 or 16 and its decision shall be final.
(3) Pending such decision the member shall be entitled to act as if he were not disqualified.
19. The names of all members finally elected to any Board as well as the names of nominated members, if any, Prohibition of simultaneous representation.
Reference to the Election Tribunal.
Publication of the names in the Official Gazette.
20 [Act No.I of 1956] appointed thereto, shall be forthwith published in the Official Gazette.
20. No election shall be called in question except by an election petition which shall contain such matters, claim such relief and be presented in such manner as may be prescribed.
21. An election petition calling in question any election may be presented on one or more of the grounds specified in sub-sections (1) and (2) of section 27 and section 28 to the Election Tribunal by any candidate at such election or any voter in such form and within such time but not earlier than the date of publication of the names of the elected members under section 19 as may be prescribed.
22. A petitioner shall join as respondents to his petition all the candidates who were duly nominated at the election other than himself if he was so nominated.
23. The Government shall appoint an Election Tribunal for trial of petitions in respect of an election under this Act, consisting of three persons who are or have been or are eligible to be appointed Judges of the High Court. The Election Tribunal shall deal with such petitions and proceedings in connection therewith in the prescribed manner.
24. The Tribunal shall have the powers which are vested in a court under the Code of Civil Procedure, 1908, when trying a suit in respect of the following matters:—
(a) discovery and inspection;
(b) enforcing the attendance of witnesses; and requiring the deposit of their expenses;
Election petition.
Presentation of petitions.
Parties to the petition.
Appointment of Election Tribunal.
Powers of the Tribunal.
[Act No.I of 1956] 21
(c) compelling the production of documents;
(d) examining witnesses on oath;
(e) granting adjournments;
(f) reception of evidence taken on affidavit; and
(g) issuing commissions for the examination of witnesses;
and may summon and examine suo motu any person whose evidence appears to it to be material; and shall be deemed to be a civil court within the meaning of sections 480 and 482 of the Code of Criminal Procedure, 1898.
25. At the conclusion of the trial of an election petition, the Tribunal shall make an order-
(a) dismissing the election petition; or
(b) declaring the election of the returned candidate to be void; or
(c) declaring the election of the returned candidate to be void and the petitioner or any other candidate to have been duly elected; or
(d) declaring the election to be wholly void.