(1) If any dispute arises as to the validity of an election under this Act, any person entitled to vote at such election may, within thirty days after the date of the declaration of the results of such election, file a petition, calling in question such election—
(a) before the Munsif having jurisdiction where such election is in respect of a Gram Panchayat or a Panchayat Samiti, and
(b) before the District Judge of the district, where such election is in respect of a Zilla Parishad.
(2) When filing a petition under sub-section (1), the petitioner shall deposit in court, as security for the costs likely to be incurred, a sum of—
(a) fifty rupees, where the petition is filed before the Munsif, and
(b) two hundred rupees, where the petition is filed before the District Judge.
354 The West Bengal Panchayat Act, 1973.
XLI of 1973.]
(Part VI—Chapter XIX.—Miscellaneous.—Section 205.)
(3) The District Judge may transfer any petition filed before him under sub-section (1) to any Judicial Officer subordinate to him not below the rank of a Subordinate Judge.
(4) In dealing with a petition under sub-section (1), the Munsif, the District Judge or the Judicial Officer to whom the petition is transferred under sub-section (3) (hereinafter referred to as the Judge) may hold such enquiry as he deems necessary.
(5) The procedure to be followed by the Judge including all matters relating to the filing of such petition shall be such as may be prescribed.
(6) The Judges shall have all the powers of a Civil Court for the purposes of receiving evidence, administering oath, enforcing the attendance of witnesses and compelling the discovery and production of documents.
(7) The decision of the Judge shall be final and shall not be called in question in any court.
(8) No Court shall grain an injunction—
(i) to postpone the election of—
(a) a member of a Gram Panchayat, a Nyaya Panchayat, a Panchayat Samiti or a Zilla Parishad, or
(b) a Pradhan, an Upa-Pradhan, a Pradhan Vicharak, a Sabhapati, a Sahakari Sabhapati, a Sabhadhipati or a Sahakari Sabhadhipati; or
(ii) to prohibit a person declared to have been elected under this Act, from taking part in the proceedings of the Gram Panchayat, Nyaya Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, to which he has been elected;
OT
(iii) to prohibit the members formally elected or appointed to a Gram Panchayat, Nyaya Panchayat, Panchayat Samiti or Zilla Parishad, as the case may be, under this Act from entering upon their offices.