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Start Free TrialDisputed Elections (Prime Minister and Speaker) Act, 1977 Chapter IV
Title: Trial of Petitions
State: Central
Year: 1977
.....period specified in sub-section (1) of section 5; (b) if the petition does not comply with the provisions of sub-section (3) or sub-section (4) of section 5 or section 6. Explanation.An order dismissing a petition under this sub-section shall be deemed to be an order made under clause (a) of section 16. (3) Any candidate not already a respondent to a petition shall, upon application made by him to the Authority within fourteen days from the date of commencement of the trial and subject to any order as to security for costs which may be made by the Authority, be entitled to be joined as a respondent. Explanation. For the purposes of this sub-section and of section 15 the trial of a petition shall be deemed to commence on the date fixed for the respondents to appear before the Authority and answer the claim or claims made in the petition. (4) The Authority may, upon such terms as to costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amended of the petition.....
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Section 13
Title: Answering of Criminating Questions and Certificate of Indemnity
State: Central
Year: 1977
.....indemnity from the Authority; and (b) an answer given by a witness to a question put by or before the Authority shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be admissible in evidence against him in any civil or criminal proceeding. (2) When a certificate of indemnity has been granted to any witness, it may be pleaded by him in any court shall be a full and complete defence to or upon any charge under Chapter IXA of the Indian Penal Code (45 of 1860.) or Part VII of the Representation of the People Act, 1951 (43 of 1951.), arising out of the matter to which such certificate relates, but it shall not be deemed to relieve him from any disqualification in connection with an election imposed by this Act or any other law.
View Complete Act List Judgments citing this sectionDisputed Elections (Prime Minister and Speaker) Act, 1977 Complete Act
State: Central
Year: 1977
.....a returned candidate was not qualified, or was disqualified, to be chosen to fill the seat under the Constitution orthe Representation of the People Act, 1951-or this Act orthe Government of Union Territories Act, 1963-; or (b) that any corrupt practice has been committed by a returned candidate or his election agent or by any other person with the consent of a returned candidate or his election agent: or (c) that any nomination has been improperly rejected; or (d) that the result of the election in so far as it concerns the returned candidate has been materially affected- (i) by the improper acceptance of any nomination, or (ii) by any corrupt practice committed in the interests of the returned candidate by an agent other than his election agent, or (iii) by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or (iv) by any non-compliance with the provisions of the Constitution or of this Act or of any rules or orders made under this Act, the Authority shall declare the election of the returned candidate to be void. (2) If in the opinion of the Authority a returned candidate has been guilty by an agent. other than his election.....
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