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Section 48: Electoral offences

The Uttar Pradesh Municipal Corporation Act, 1959State Act of Uttar Pradesh · Act 2 of 1959

48.[(1) The provisions of sections 125, 126, 127, 127-A, 128, 129, 130, 131, 132, 134, 134-A, 135 [135-A] and 136 of Chapter III of Part VII of the Representation of the People Act, 1951, shall have effect as if-

(a) the reference therein to an election were a reference to an election held under this Act ;

(b) for the word "constituency" the word "ward" had been substituted ; and

(bb) in section 27-A in sub-section (2) in clause (b) in subclause (i) for the words "the Chief Electoral Officer" the words "The Nirvachan Sanchalak" (Isthaniya Nikaya) had been substituted.

(c) in sections 134 and 136 for the words, the words "by or under this Act the U. P. [Municipal Corporation Act], 1959" had been substituted.

(2) If the [Chief Election Officer (Urban Local Bodies)] has reason to believe that any offence punishable under section 129 or 134 or under clause (a) of sub-section (2) of section 136 of the said chapter has been committed in reference to any election to a [Corporation] he may cause such enquiries to be made and such prosecutions to be instituted as the circumstances of the case may appear to him to require.

(3) No court shall take cognizance of any offence punishable under section 129 or under section 134 or under clause (a) of subsection (2) of section 136 unless there is a complaint made by order of or under authority from the [Chief Election Officer (Urban Local Bodies)].

Where this provision sits

ActThe Uttar Pradesh Municipal Corporation Act, 1959
Section48
Marginal noteElectoral offences
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • inserted. Ins. by sec. 16(b) of U. P. Act no. 26 of 1995.
  • substituted. Subs. by sec. 36 of U. P. Act no. 12 of 1994.
  • substituted. Subs. by sec. 16(a) of U. P. Act no. 26 of 1995.
  • substituted. Subs. by sec. 9 of U.P. Act no. 35 of 1978.
  • substituted. Subs. by sec. 3 U. P. Act no. 12 of 1994.
  • substituted. Subs. by sec. 16(a) of U. P. Act no. 26 of 1995.

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