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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

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

State: Central

Year: 1977

.....seat claimed Section16 - Decision of the Authority Section17 - Other orders to be made by the Authority Section18 - Grounds for declaring election to be void Section19 - Grounds for which a candidate other than the returned candidate may be declared to have been elected Section20 - Communication of orders of the Authority Section21 - Costs Section22 - Orders of Authority to be final Section23 - Effect of orders of Authority Chapter V Section24 - Withdrawal and abatement of petitions Section25 - Payment of costs out of security deposits and return of such deposits Section26 - Execution of orders as to costs Section27 - Power to make rules Section28 - Repeal and saving

Disputed Elections (Prime Minister and Speaker) Act, 1977 Complete Act

State: Central

Year: 1977

.....corrupt practice are made in the petition. SECTION 07: 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 statement as possible for 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 inthe Code of Civil Procedure 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 08: 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 declaration that he.....

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.

Constitution of India Article 78

Title: Duties of Prime Minister as Respects the Furnishing of Information to the President, Etc.

State: Central

Year: 1950

It shall be the duty of the Prime Minister-- (a) to communicate to the President all decisions of the Council of Ministers relating to the administration of the affairs of the Union and proposals for legislation; (b) to furnish such information relating to the administration of the affairs of the Union and proposals for legislation as the President may call for; and (c) if the President so requires, to submit for the consideration of the Council of Ministers any matter on which a decision has been taken by a Minister but which has not been considered by the Council.

Constitution of India Article 329A

Title: Special Provision as to Elections to Parliament in the Case of Prime Minister and Speaker [Repealed]

State: Central

Year: 1950

1[329A. Special provision as to elections to Parliament in the case of Prime Minister and Speaker [Rep. by the Constitution (Forty-fourth Amendment) Act, 1978, section 36 (w.e.f. 20-6-1979)]] ________________________ 1. Inserted by the Constitution (Thirty-ninth Amendment) Act, 1975, section 4.

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.