(1) If the election petition is confined to the question of validity of votes cast or counting, the District Judge shall, after such scrutiny and computation of votes as may be deemed necessary, declare the result.
(2) If there be only two candidates contesting the election in dispute and the election petition contains a claim by one of the candidates for declaring him elected, the District Judge may, while deciding upon the election petition, declare such candidate duly elected.
(3) If after computation, there be an equality of votes, among two or more candidates, the District Judge shall select one among them by drawing lots.
(4) If the District Judge is satisfied that no ground exists for setting aside the election or modifying the results thereof, he shall confirm the election.
5 of 1908.
230 The West Bengal Municipal Act, 1993.
XXII of 1993.]
(Part IL—The Municipal Areas.—Chapter 1V—Election of Councillors.— Sections 46-49.—Chapter V.—The Municipality and the Municipal Establishment—Section 50.)
46. Save as provided in this Chapter, no Court shall entertain any application in any form whatsoever for adjudication of any matter relating to election to a Municipality.
47. If an election is set aside by the District Judge, a date shall forthwith be fixed and necessary steps shall be taken for holding a fresh election for filling up the vacancy, as though it has been a casual vacancy.
48. Where a candidate, who has been elected to be a Councillor, is declared by the District Judge to have not been duly elected, no act done by him by virtue of the office of Councillor before such declaration, shall be invalidated by reason of such declaration.
49. Notwithstanding anything contained elsewhere in this Chapter, the State Government may, for reasons to be recorded in writing, remove any disqualification imposed on a candidate from contesting an election to a Municipality if, in its opinion, the offence does not involve moral turpitude, or may reduce the term of disqualification in any case whatsoever.
CHAPTER V The Municipality and the Municipal Establishment.
10 of 1873. 50. (1) Notwithstanding anything contained in the Indian Oaths Act, 1873, every person who is elected or appointed to be a Councillor shall, before taking his seat, make and subscribe before the Chairman, the Vice-Chairman, the District Magistrate, the Magistrate-in-charge of the sub-division in which the municipal area is situated or an officer of the State Government authorised in this behalf by the District Magistrate an oath or affirmation of his allegiance to the Constitution of India in the following form:— elected "I, A.B., having been a Councillor of the municipal appointed area of—, do swear in the name of God (or solemnly affirm) that I will bear true faith and allegiance to the Constitution of India as by law established, and that I will faithfully discharge the duties upon which I am about to enter.".
Bar to jurisdiction of Courts.
Fresh election when an election is set aside.
Saving of acts done by a Councillor before his election is set aside.
Power of State Government to remove disqualifications or modify terms thereof.
Oath of allegiance to be taken by Councillors.
231 The West Bengal Municipal Act, 1993.
[West Ben. Act (Part 1L—The Municipal Areas.—Chapter V.—The Municipality and the Municipal Establishment—Sections 51-53.)
Meeting of the Board of Councillors.
Remuneration and allowances.
Municipal establishments.
(2) Any person who, having been elected or appointed a Councillor, fails to make and subscribe, within three months of the date on which his term of office commences, the oath or affirmation under sub-section
(1), shall cease to hold his office and his seat shall be deemed to have become vacant:
Provided that the State Government may, for reasons to be recorded in writing, extend in each case or class of cases the above period of three months by such period as it thinks fit.