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Section 46

Rules for Elections to the Board of Indian Medicine, U. P.State Rules of Uttar Pradesh · 1939

(1) At the time of presenting an election petition the petitioner shall enclose with it a receipt showing that a sum of two hundred rupees has been deposited by him or on his behalf in a Government treasury or in the State Bank of India as security for the costs of the petition.

(2) There shall be paid on the election petition a fee of one hundred rupees in Court-fee stamps.

47. The election of a person as member of the Board under clause (iv), (v) or (vi) of sub-section (1) of'section 5 of the Act, may be questioned on one or more of the following grounds, that: is to say—

(a) that the returned candidate has committed, any corrupt practice within the meanning of rule 48 ;

Power of the Returning Officer to obtain Information.

Questioning of elections.

Time and manner of presenting petitions.

Form, etc. of petition.

Relief that may be claimed by the.

petition.

Security and Courtfees.

Grounds for questioning an election.

57 Corrupt practices.

Recrimination when seat claimed.

Trial.

Procedure befor the Tribunal.

(b) that the nomination of any candidate has beer wrongly rejected or the nomination of any success . ful candidate has been wrongly included ;

(c) that the result of the election has been materially affected by—

(i) the improper rejection or refusal of a vote;

(ii) any non-compliance with the provisions of the Act or any rules or orders made under the Act ;

(d) that the elected candidate was declared to be elected by reason of the improper acceptance or rejection of one or more votes.

48. A person shall be deemed to have committed a corrupt practice who, directly or indirectly, by himself or by any other person—

(i) 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 ;

(ii) with a view to inducing any voter to give or to refrain from giving a vote in favour of any candidate, offers or gives any money, or valuable consideration or any place, or employment or holds out any promise of individual advantage or profit to any person ;

(iii) gives or procures the giving of a vote in the name of a voter who is not the person giving such vote.

49. When in an election petition a declaration that any candidate other than the returned candidate has been duly elected is claimed, the returned candidate or any other party may give evidence to prove that the election of such candidate would have been void if he had been the returned candidate and a petition had been presented calling in question his election.

50. A Tribunal constituted of the District Judge of Lucknow or such other district judge as the State Government may nominate in consultation with the High Court shall try the petition at a place to be specified by the State Government.

Where this provision sits

ActRules for Elections to the Board of Indian Medicine, U. P.
Section46
JurisdictionState of Uttar Pradesh
StatusIn force as published by the source

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