Section 29: Elecon Peon [Secon 13-A

(1) Elecon peon under Secon 13-A shall be presented before the Munsif Magistrate within whose jurisdicon the Principal Market Yard of the concerned Market Area lies within a period of fieen days from the day the result of elecon quesoned is announced.

(2) TheEleconPeonshallbepresentedbyoronbehalfofsuchpersonwhowaseligibletovoteor who could have legally been a candidate at the elecon in queson.

(3) In his peon the peoner shall specify the ground or grounds on which the elecon of the person declared elected is quesoned and contain a summary of the circumstances alleged to jusfy the elecon being quesoned on such ground.

(4) No peon shall be entertained unless, it is accompanied with necessary Court-fee and a receipt ofrupeestwoJaundredintokenoavingdepositedassecuritywiththeconcernedMandiSami.

(5) The personwhoseelecon is quesoned, andwhere thepeonclaimsthahe peonerorany other candidate shall be declared elected in the room and place of such person, every unsuccessful candidate shall be made a respondent to the said petion.

(6) Apeonermayclaimeitherorbothohefollowingreliefs:

(a) that theeleconofapersonasChairman,Vice-ChairmanorMemberoheMandiSamiisvoid;

(b) thathehimselforanyothercandidatehasbeendulyelected.

(7) Where in any peon it is claimed that the peoner or any other candidate be declared to have been as duly elected in place of the returned candidate, any respondent May give evidence against such claim as if he had presented a peon against the elecon of the person in whose favour the claim is made.

(8) The petion may be withdrawn at any me by the peoner or peoners, as the case may be,by making an applicaon to the Munsif Magistrate with whom the peon lies.

29-A. Hearing of Elecon Peon [Secons 13-A(1), 13-A(2) and 13.A(3)].— (1) Subject to the provisions of the Act and these rules, every elecon peon shall be tried by the Munsif Magistrate, as nearly as may be, in accordance with the procedure applicable under the Code of Civil Procedure, 1908 to the trial of suits :

Providedthat—

(i) the Munsif Magistrate may hear the peoner or his Counsel and if he nds that the peon has no substance, reject the same without the issue of any noce to the opposite pares;

(ii) itshallnotbenecessaryfortheMunsifMagistratetorecordtheevidenceinfullandhemay maintain only a memorandum of evidence produced by the pares before him;

(iii) ihereisasolepeonerandhedies,orthereisasolerespondentandhedies,thepeon shall abate;

(iv) theMunsifMagistratemayallowonly suchevidencetobeproducedashedeemsrelevanorthe purpose of deciding the peon;

(v) ihepetionsaremorethanoneandthequesonedeleconandtherespondentsare'the same, all such peons may be heard simultaneously;

(vi) thewitnessoranypersonshallnotbedesiredtodiscloseastowhomhehadvoted;

(vii) the provisions of the Indian Evidence Act, 1872 (Act No. 1 of 1872), shall be applicable in trial of the elecon peons under these rules,

(2) If the Munsif Magistrate aer hearing nds in respect of any person whose elecon is called in queson by the peon, that his elecon was valid, he shall dismiss, the petion as against such person and may award costs at his discreon and in case he nds the application to be altogether frivolous, he may also order that the security deposit shall in part or whole be forfeited to the Mandi Sami concerned.

(3) IheMunsifMagistratendsthaheeleconofanypersonwasinvalid,heshalleither—

(a)declareacasualvacancytohavebeencreated, or 32 THE UTTAR PRADESH KRISHI UTPADAN MANDI NIYAMAWALI-1965 65 THEU.P.KRISHIUTPADANMANDINIYAMAVALI, 1965 [RULE5A-34

(b) declare another candidate to have been duly elected, whichever course appears, in the parcular circumstances of the case, to be appropriate, and in either case may award costs at his discreon:

Provided that no such declaraon shall be made unless a claim for it has been made in the petion.

(4) An order for costs passed by the Munsif Magistrate under sub-rule (2) shall be executed by himon a claim made in that behalf in the manner laid down in the Code of Civil Procedure, 1908 for the execuon of decrees passed by a Court of original jurisdicon.

(5) Unless ordered otherwise, the judgment or the order of the Munsif Magistrate shall take eect from the date of order.

(6) The security deposit or poron thereof, as the case may be, not forfeited under sub-rule

(2) and not required for payment of any costs awarded to any opposite party, shall be refunded by theMandiSamitothepersondeposingthesameorincaseoisdeath,tohislegalrepresentave.

(7) Copies of the judgment bearing the signatures and seal of the Court shall immediately be sent to the Director of Elecons, Director, District Elecon Ocer and the concerned Mardi Sami by the Munsif Magistrate if the judgment pronounced is under sub-rule (3).

29-B. Revisions [Secon 13-A(4)].—(1) The party or pares aggrieved by the judgment pronouncedor the orders passed by the Munsif Magistrate may prefer a revision to the District judge, latest by theeenthdayfromthedateoudgmentororder,asthecasemaybe,oheMunsifMagistrate.

(2) No revision shall be entertained unless, it is accompanied with the necessary court-fee and a receipt of rupees ve hundred in token of having deposited as security with the concerned Mandl Sami.

(3) The provisions of Rule 29-A shall, tnutatrs mutandis, apply for the purpose of revision under this rule.

(4) TheDistrictJudge may,—

(a) quashthejudgmentororder,or

(b) modifytheorder,