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Section 25

The Tripura Tribal Areas Autonomous District Council Act, 1979State Act of Tripura · Act 12 of 1979

(1) No election to the District Council shall be called in question except by an election petition presented in such manner as may be prescribed and before such authority as may be appointed by the State Government from time to time by notification in the Official Gazette:

Provided that no person below the rank of "District Judge" within the meaning of Article 236 of the Constitution of India shall be appointed for the purpose.

(2) The members of the Executive Committee may be paid such salaries and allowances as may be determined by the District Council in consultation with the State Government.

(3) No election to the District Council can be called in question excepting on anyone or more of the following grounds, namely-

(a) that on the date of his eleetlen the returaed candidate was not qualified, er was dis-quallfled, to be chosen to fill the seat in the Council ;

(b) that any corrupt practice as may be committed by any returned candidate or election agent or by another person with the eensent of the returned candidate Of his electiea ft~eRt;

(e) that any nominatlon bill' be~. imJU's'pe'rly rejected; or .

(d) that the result of the election i. S~ far u it concerned the returned candidate has ~eh materially affected- 10

(b) that but for the votes obtained by the returned candidate by corrupt practice the petitioner or such other candidate would have obtained the majority of the valid votes;

(i) by the improper acceptance of any nomination, or

(ii) by any corrupt practice committed in the interest of the returned candidate by an agent other than his election agent, or

(iii) by the improper reception, refusal or rejection of any vote, or

(iv) the reception of any vote which is void, or

(v) by any non-compliance with the provisions of this Act or of any rules or orders made under this Act.

(4) At the conclusion of the trial of election petition the authority appointed under sub-section (1) shall make an ol'der-

(a) dismissing the election petition; or

(b) declaring the election to all or any of the returned candidates to be void; or

(c) declaring the election of all or any of the returned candidates to be void and the petitioner or any other candidate to have been duly elected.

(5) If any person who has lodged a petition has, in addition to calling in question the election of the returned candidate claims a declaration that he himself or any other candidate has been duly elected and the authority appointed under sub-section(l) is of opinion-

(a) that in fact the petitioner or such other candidate receiving the valid vote; or the authority appointed under sub-section(l) shall after declaring the election of the' returned candidate to be void declare the petitioner. or such other candidate, as may be, to have been duly elected, 11

26. There shall be an Executive Committee of he District Council consisting of seven Executive members. The Chairman of the District Council by virtue of his office shall be the Chief Executive member at he head of the Executive Committee. The Chief Executive member of the Executive Committee shall from and amongst the members of the Distirct Council shall select six persons who shall be the Executive members of the Executive Committee. The Executive Committee shall exercise the functions hereinafter specified in sections 27, 28 and 29.

Where this provision sits

ActThe Tripura Tribal Areas Autonomous District Council Act, 1979
Section25
JurisdictionState of Tripura
StatusIn force as published by the source

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