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Disputed Elections (Prime Minister and Speaker) Act, 1977 Preamble 1

Title: Disputed Elections (Prime Minister and Speaker) Act. 1977

State: Central

Year: 1977

THE DISPUTED ELECTIONS (PRIME MINISTER AND SPEAKER) ACT, 1977 [Act, No. 16 of 1977] [18th April, 1977] PREAMBLE An Act to provide for Authorities to deal with disputed elections to Parliament in the case of Prime Minister and Speaker of the House of the People and for matters connected therewith. BE it enacted by Parliament in the Twenty-eighth Year of the Republic of India as follows :--

Disputed 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.....

Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter I

Title: Preliminary

State: Central

Year: 1977

.....office of Prime Minister at the time of such election or is appointed as Prime Minister after such election; (i) election in the case of Speaker means an election to the House of Parliament of a person who holds the officer of Speaker at the time of such election or is chosen as the Speaker for that House after such election; (i) petition means a petition calling in question an election; (i) prescribed means prescribed by rules made under this Act; (i) returned candidate means a candidate whose name has been published under section 67 of the Representation of the People Act, 1951 (43 of 1951.), as duly elected at an election in the case of Prime Minister or, as the case may be, an election in the case of Speaker; (j) each of the expressions defined in the Representative of the People Act, 1951 (43 of 1951.), but not defined in this Act shall have the same meaning as in that Act.

Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 2

Title: Definitions

State: Central

Year: 1977

.....office of Prime Minister at the time of such election or is appointed as Prime Minister after such election; (i) election in the case of Speaker means an election to the House of Parliament of a person who holds the officer of Speaker at the time of such election or is chosen as the Speaker for that House after such election; (i) petition means a petition calling in question an election; (i) prescribed means prescribed by rules made under this Act; (i) returned candidate means a candidate whose name has been published under section 67 of the Representation of the People Act, 1951 (43 of 1951.), as duly elected at an election in the case of Prime Minister or, as the case may be, an election in the case of Speaker; (j) each of the expressions defined in the Representative of the People Act, 1951 (43 of 1951.), but not defined in this Act shall have the same meaning as in that Act.

Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter III

Title: Presentation of Petitions in Respect of Disputed Elections

State: Central

Year: 1977

.....practice are made in the petition. Section 7 - Contents of petition (1) A petition-- (a) shall contain a concise statement of the material facts on which the petitioner relies; (b) shall set forth full particulars of any corrupt practice that the petitioner alleges, including as full a statement as possible of the names of the parties alleged to have committed such corrupt practice and the date and place of the commission of each such practice; and (c) shall be signed by the petitioner and verified in the manner laid down in the Code of Civil Procedure, 1908 (5 of 1908.), for the verification of pleadings: Provided that where the petitioner alleges any corrupt practice, the petition shall also be accompanied by an affidavit in the prescribed form in support of the allegation of such corrupt practice and the particulars thereof. (2) Any schedule or annexure to the petition shall also be signed by the petitioner and verified in the same manner as the petition. Section 8 - Relief that may be claimed by the petitioner A petitioner may, in addition to claiming a declaration that the election of all or any of the returned candidates is void, claim a further.....

Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 5

Title: Presentation of Petition

State: Central

Year: 1977

.....for the use of the Election Commission, and every such copy shall be attested by the petitioner under his own signature to be a true copy of the petition. (4) At the time of presenting a petition, the petitioner shall deposit with the Election Commission in such manner as may be prescribed a sum of two thousand rupees as security for costs. (5) The Authority trying a petition may at any time during the course of the trial of the petition call upon the petitioner to give such further security for costs as it may direct. (6) No person shall be entitled to be joined as a respondent to a petition under sub-section (3) of section 10 unless he has given such further security for costs as the Authority may direct.

Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 23

Title: Effect of Orders of Authority

State: Central

Year: 1977

(1) An order made by an Authority under this Act shall take effect as soon as it is pronounced by the Authority. (2) Where by an order under section 16 the election of a returned candidate is declared to be void, acts and proceedings in which that returned candidate has, before the date thereof, participated as a member of Parliament or, as the Prime Minister or as the Speaker of the House of People shall not be invalidated by reason of that order, nor shall such candidate be subjected to any liability or penalty on the ground of such participation.

Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 1

Title: Short Title and Commencement

State: Central

Year: 1977

(1) This Act may be called the Disputed Elections (Prime Minister and Speaker) Act, 1977. (i) It shall be deemed to have come into force on the 3rd day of February, 1977.

Disputed Elections (Prime Minister and Speaker) Act, 1977 Section 28

Title: Repeal and Saving

State: Central

Year: 1977

(1) The Disputed Elections (Prime Minister and speaker) Ordinance, 1977, (4 of 1977) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.

Disputed Elections (Prime Minister and Speaker) Act, 1977 Chapter V

Title: Miscellaneous

State: Central

Year: 1977

.....or more successive sessions, and if, before the expiry of the session immediately following the session, or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Section 28 - Repeal and saving (1) The Disputed Elections (Prime Minister and speaker) Ordinance, 1977, (4 of 1977) is hereby repealed. (2) Notwithstanding such repeal, anything done or any action taken under the provisions of the said Ordinance shall be deemed to have been done or taken under the corresponding provisions of this Act.